Decision Maker: Assistant Director Legal and Democratic Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Doncaster Council operates a number of overt
CCTV cameras across the borough and these are used to view and
monitor activity in public spaces. The cameras are located in
numerous locations – for example, on buildings, in
pedestrianised areas and on the highways.
The General Data Protection Regulations (GDPR) define personal data
as any information relating to an identified or identifiable
natural person (data subject), CCTV footage of an identifiable data
subject is personal data.
Under Schedule 2, Part 1, Paragraph 5 (3) of the Data Protection
Act 2018 (DPA), information is exempt from GDPR if it is required
to be disclosed by law or in connection with legal
proceedings.
Insurance companies or legal representatives often approach the
Council to request CCTV footage of road traffic incidents in order
to determine liability in legal proceedings.
In 2018/19 149 requests for CCTV were received, in 2019/20 we
received 188, in 2020/21 we received 94, and to date this financial
year we have received 64. Lockdown drastically reduced the traffic
on the roads over this and last financial year. Not all of these
requests result in footage being sent as the incident may not have
been captured, the footage is not clear or the incident occurred
more than 30 days ago.
The work is undertaken by the information governance team and the
CCTV team in Community Safety and the income of approximately
£6000 would be split between these areas.
The processing of these requests is time consuming and provides no
benefit to the Council. Many requests are for footage of very minor
incidents which we feel could be resolved without the CCTV images.
A benchmarking exercise has taken place with other Local
Authorities who charge applicants for the release of the footage,
and charges range from £10 up to £210.
Doncaster Council currently provides this information free of
charge. The suggested charges are based on the time council staff
spend on dealing with requests.
Option 1
Implement charges for CCTV requests:-
- search only for CCTV footage - £50
- search and supply of CCTV footage – search fee £50
plus £50 per camera to supply footage
This would mean that the costs of reviewing and / or providing the
footage would be met. This is the recommended option.
Option 2
Continue to comply with these requests with no charge. Complying
with the requests incurs costs to the organisation and no
benefit.
Option 3
Refuse to comply with the requests. The exemptions in the DPA are
discretionary but the Council has historically provided this
information to assist members of the public and commercial
organisations.
.
The implementation of charging insurance
companies and legal representatives for the provision of CCTV
footage for insurance claims or legal proceedings.
Option 2
Continue to comply with these requests with no charge. Complying
with the requests incurs costs to the organisation and no
benefit.
Option 3
Refuse to comply with the requests. The exemptions in the DPA are
discretionary but the Council has historically provided this
information to assist members of the public and commercial
organisations.
Publication date: 20/01/2022
Date of decision: 29/11/2021
Accompanying Documents: