- Requested on
- Mon 28th October, 2013
- FOI 3515
- Information provided
CCTV from Birstall Café 8 - 9pm - 28 August 2013
Following the above information request, the Council has, as required by the Freedom of Information Act (the Act), undertaken an assessment to ascertain if any of the exemptions provided by the Act apply to the information that you have requested. Having completed this assessment we have concluded that the information you requested is exempt from disclosure under Section 40(2) of the Act and we will not be able to provide it in response to this request. The reasons for this are set out below. However I have tried to make contact with your office to determine if there is an alternative way of dealing with the issue. Section 35 of the Data Protection Act enables disclosures of personal information to be made in certain circumstances where the disclosure is necessary for legal proceedings. I will try to contact you again regarding this possibility.
Section 40(2) of the Act covers personal data where the person requesting the information is not the data subject and disclosure of the information would breach one or more of the data protection principles in the Act. Personal data is defined in the Data Protection Act 1998 as data which relate to a living individual who can be identified-
(a) from those data, or
(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller.
The information you requested was CCTV footage relating to an accident which occurred on 28th August 2013 and this is personal data relating to Mr Ward. The Council has considered the guidance from the Information Commissioner in providing personal information to people other than the data subject. In particular the Council has considered whether this would be fair to the data subject in relation to the data subject’s reasonable expectations. It is the Council’s view that the disclosure of the information for purposes other than that for which the CCTV system is operated (i.e. to prevent or detect crime and disorder) would not be a reasonable expectation of the data subject. As a result, disclosure of this information under the Act would breach the first Data Protection Principle that processing of personal data must be fair and lawful as it would be outside the legitimate expectations of the data subject and, therefore, not fair. In reaching this conclusion the Council has given weight to the fact that disclosure under the Freedom of Information Act is in effect disclosure to the public at large and not to a person with a particular interest in the matter or reason for asking.