Guidance on how we manage requests for CCTV footage to assist with civil claims or as part of a Subject Access Request.

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Requests for CCTV footage to assist with civil claims

Basildon Council can release recorded CCTV footage which has been requested as evidence needed to help settle a civil claim between individuals or companies. The most common reason for such requests is to get CCTV evidence relating to a traffic collision.

Basildon Council has a legal duty to ensure that any CCTV footage it releases is not disclosed unlawfully according to the terms of:

  • The Data Protection Act 2018
  • The Protection of Freedoms Act 2012

The council is not permitted to release any recorded CCTV footage direct to an applicant. Requests for recorded CCTV footage must be submitted by an insurance company or a solicitor acting on behalf of an applicant. This provides us with the necessary assurance that any CCTV footage we release will only be used for lawful purposes.

Information we are permitted to share directly with an applicant

We are permitted to advise an applicant if we operate any cameras in the area in which an incident has occurred, and if those cameras may have recorded an incident. You can make these initial enquiries by email to cctv@basildon.gov.uk.

How to submit a request for CCTV footage to assist with a civil claim

Requests for recorded CCTV footage can be submitted by email to cctv@basildon.gov.uk.

Any request for CCTV footage to assist with a civil claim should:

  • be submitted by an insurance company or a solicitor acting on behalf of an applicant
  • be sent by email from a company email account
  • include the name of the applicant (on whose behalf the solicitor or the insurance company is acting)
  • include details of the date, the time and the location of the incident for which the recorded CCTV footage is requested
  • include details of the incident
  • In the case of a road traffic incident; include details of all vehicles involved in the incident (vehicle registration mark [VRM], make, model, colour)

We will normally respond to any request for CCTV footage within 5 working days, and no later than 10 days.

 


Subject Access Requests for CCTV footage

You can submit a subject access request to be informed of any CCTV footage, currently stored on the council's Public Space CCTV system, in which you personally can be seen and accurately identified.

Before submitting a subject access request please bear in mind:

  • It is unlikely that our CCTV cameras will have recorded any  footage that includes images in which you personally can be seen or accurately identified. This is because our CCTV cameras are adjusted to record a wide angle overview of High Streets, Town Centres, Estates and Parks etc., making the footage we record unsuitable for close identification of individuals.
  • In normal circumstances all CCTV footage recorded by the council's Public Space CCTV system is kept for a period of no more than 31 days, after which it is automatically either deleted or overwritten. In the time it takes to submit and process a subject access request any existing CCTV footage may already have been deleted or overwritten.

Subject access requests for CCTV footage are subject to conditions

All subject access requests for CCTV footage are subject to the following conditions:

  • A subject access request will only be considered where the applicant can show reasonable cause to believe that we currently possess CCTV footage in which the applicant personally can be seen and accurately identified.
  • A subject access request will only be considered alongside the privacy rights of any other individuals whose image may appear in the same footage.
  • A subject access request may be denied if we have concerns about the risk of prejudice or harm to other individuals through their identification.
  • You will be required to supply personal photo identification document (eg. passport or photocard driving licence) with a subject access request for CCTV footage.

To submit a subject access request

To submit a subject access request see...

Further information and enquiries

For further information and enquiries please contact CCTV camera operations - see contact details below.

Name
Safer Basildon Partnership - CCTV camera operations
Tel
01268 533333