Procedure for the Release of Evidence
Closed Circuit Television (CCTV) is one of the
most powerful tools to be developed during recent years to assist
with efforts to combat crime and disorder whilst enhancing
community safety.
Equally, it may be regarded by some as the most
potent infringement of people's liberty. If users, owners and
managers of such systems are to command the respect and support of
the general public, the systems must not only be used with the
utmost probity at all times, they must be used in a manner which
stands up to scrutiny and is accountable to the very people they
are aiming to protect.
The Council in association with Cumbria
Constabulary are committed to the belief that everyone has the
right to respect for his or her private and family life. Although
the use of CCTV cameras has become widely accepted in the UK as an
effective security tool, those people who do express concern tend
to do so over the handling of the information (data) which the
system gathers.
After considerable research and consultation, a
nationally recommended standard has been adopted by the system
owners.
General Policy
All requests for the release of data shall be
channelled through the Local Deputy Inspector, at Hunter Lane
Police Station data controller or his nominated representative
see address below.
- providing evidence in criminal
proceedings
- providing evidence in civil proceedings or
tribunals
- the prevention of crime
- the investigation and detection of crime (may
include identification of offenders)
- identification of witnesses
Third parties, which are required to show
adequate grounds for disclosure of data within the above criteria,
may include, but are not limited to:
- police
- statutory authorities with powers to
prosecute, (eg Customs and Excise; Trading Standards, etc)
- solicitors
- claimants in civil proceedings
- Accused persons or defendants in criminal
proceedings
- other agencies, (as agreed by the Data
Controller and notified to the Information Commissioner) according
to purpose and legal status
Upon receipt from a third party of a bona fide
request for the release of data, the data controller shall:
- not unduly obstruct a third party investigation
to verify the existence of relevant data.
- ensure the retention of data which may be
relevant to a request, but which may be pending application for, or
the issue of, a court order or subpoena. A time limit shall be
imposed on such retention, which will be notified at the time of
the request.
Where requests fall outside the terms of
disclosure and Subject Access legislation, the data controller, or
nominated representative, shall:
- be satisfied that there is no connection with
any existing data held by the police in connection with the same
investigation.
- treat all such enquiries with strict
confidentiality.
Requests should be made in writing to:
- Contact: Local Deputy
Inspector
- Address: Hunter Lane Police
Station, Penrith, CA11 7UT
- Telephone: (01768) 864355
- Fax: (01768) 217559
