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HI, i have a friend who works for telewest, and his car was hit on the carpark last week, with no one seeing it except possibnly the cctv!!

 

only problem is telewest wont let him see the tape to find out the culprit due to 'data protection'!

 

is this bull? can he demand it?

:D
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If he reports the incident to the local police, they can demand it.

I know because my brother was in exactly the same situation with an amusement arcade, where he worked. He then seen the tape (with police presence) but the car involved could not be identifyed. No vechicle reg visable on tape! DAMN!:mad:

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At what stage were the police contacted? I assume the police were contacted in the first instance and they 'weren't interested' because it is a civil matter.

 

I think it is worth contacting the police again and saying that telewest are obstructing matters by witholding evidence and see if they will get involved then.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I dont think its bull, I have heard of this before, I work for a local council, a member of the staff had the same problem, and knows that the council monitors the cctv cameras around the city. They asked for access to the tape and it was denied. Asking about it, the police have access to the tapes but nobody else is. It might be worth reporting it to the police and ask if they can get the access to the tapes... as it could be classed as hit and run

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There is an exemption clause in the Data Protection Act, Section 35 I think that exempts non disclosureof data in relation to crime solving. here it is.

 

35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

 

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-

 

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Isn't there also some legislation in the DPA about being able to claim copies of any tapes in which you yourself appear? Mark Thomas did a programme about this on his channel 4 series (sadly no longer running - shame, it was a fantastic series!).

 

Basically I think it was something along the lines of, write to the company enclosing the DP fee of £10, stating the time and date, and they have to send you a copy within X number of days. Presumably you would also need to send a photo of yourself, so they know what you look like, but I don't know about this.

 

It's a long shot, as your friend obviously wasn't present when it happened, but they may get lucky and get sent the whole tape rather than just the segments he appears in.

 

Hopefully someone out there knows more about this part of the Data Protection Act?

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