Request Disclosure of CCTV Images
The Information Commissioner's Office website provides advice and guidance regarding the use of CCTV.
If you are concerned that CCTV is being used for harassment, anti-social behaviour or other matters dealt with under the criminal law, you should contact Cleveland Police.
The Council's use of CCTV cameras is covered by the Data Protection Act 1998 and the Freedom of Information Act 2000. Under the Data Protection Act 1998 you have the right to see CCTV images of you held by the Council and to ask for a copy of them.
This is called a Subject Access Request:
- Under the Act the Council must deal with a Subject Access Request within 40 calendar days and is allowed to charge you a fee of up to £10.
- You will need to provide the Council with proof of your identity to show that you are the person in the images requested and of the date and time period involved to help the Council to find any images of you on the CCTV system involved.
- Contact the Neighbourhood Safety Team Leader to check if the Council holds images of you which you wish to obtain. Telephone 01429 523100 Email email@example.com
- Where the images requested are held by Hartlepool Borough Council arrangements will be made to archive them to ensure that they remain available until your Data Protection request has been processed.
- Write to the Legal Services Manager requesting that the Council release the images of you that you seek, enclosing a cheque for £10 payable to 'Hartlepool Borough Council'.
Legal Services Manager
Hartlepool Borough Council
Telephone: 01429 266522
- The Legal Services Manager will consider your request and will write to you to inform you of the Council's decision and, where appropriate, make arrangements to provide you with the images.
For other CCTV camera systems managed by the Council images are kept for between 6 to 28 days after which they are overwritten depending on the CCTV system involved. (Note - a very small number of Council CCTV systems are used for live viewing of images only and do not record CCTV images.)
The Council is not allowed to disclose images of identifiable people to the media or to put them on the internet for entertainment. Images from Council CCTV systems can however be released to help identify a person or for legal reasons, for example, crime detection. CCTV images may also be released due to a court order. Such images will generally be disclosed by the police.
Police Officers, Statutory Agencies, Enforcement Agencies and Council Departments are permitted to request and remove copies of CCTV images from Council CCTV systems when investigating criminal or civil offences or where court proceedings or other enforcement action may occur - subject to the rules of evidence.
Where the Council itself discloses CCTV images (separate from the above reasons) this will only occur after authorisation from the Legal Services Section. Depending on the circumstances of the disclosure consultation may also be appropriate with the Public Relations Section.
Once the Council gives CCTV images to another organisation, then that organisation is also responsible for ensuring that its handling of the images is compliant with the Data Protection Act.
The CCTV cameras managed by the Council are also subject to the Freedom of Information Act 2000. This Act allows people to request official information (i.e. regarding CCTV) held by the Council which is required to respond within 20 working days.
Where CCTV images are requested under the Freedom of Information Act by a person within the images requested, the request will be handled under the Data Protection Act as a Subject Access Request. If, however, other people are identifiable in the CCTV images requested, then the images would be considered personal information and it is likely they would be exempt from the Freedom of Information Act.