CCTV

Closed Circuit Television cameras are used by the Council throughout the Fermanagh and Omagh district. Strict procedures are in place to ensure that cameras and footage are only used within the parameters of the Information Commissioner’s CCTV Code of Practice and in line with the Data Protection Act (2018).

This protects the right to privacy whilst still fulfilling the purpose/s of the cameras – detecting and preventing crime and anti-social behaviour, safeguarding staff and the public, and protecting health, safety and security etc.

All requests for the release of CCTV footage shall be dealt with by the Council’s Corporate and Strategic Services section.

Please note that CCTV footage is only available for a limited period before it is automatically recorded over. In most cases, footage is only kept for 30 days before being recorded over.

Can I see CCTV footage which features me?

If only you feature in the CCTV footage, then you may be allowed to view it under data protection legislation.

How do I make a request?

Apply by filling in a Subject Access Request form (see the CCTV protocol*) and sending to the contact details provided at the end of this document.

• Provide us with sufficient information to enable us to confirm your identity
• Provide us with sufficient accurate information about the time, date and location to enable us to locate the information sought. We understand that you may not know the exact time, but we do not trawl footage so will only download the footage you have requested to a maximum of 1 hour.
• Include as many details as possible – e.g. description of people, car registration numbers etc.

Please note you will only be shown information relevant to your search, and which only contains your own personal data, unless all other individuals who may be identified from the same information have consented to the disclosure.

Can I see CCTV images which do not feature me?

If it shows other individuals, it is highly unlikely you will be allowed access. Occasionally even if you are not in the CCTV footage, or are not the only person in it, you may still be entitled to view the images under the Freedom of Information Act (FOIA).

You can submit an FOI request using the details at the end of this document.

There may be charges that we will need to make in order to send you the footage, but we will contact you to advise what these may be. If you need images in connection with any legal proceedings, please read Third Party CCTV requests below.

Do you always release CCTV images?

Sometimes footage will not be released as certain exemptions may apply e.g. the footage may become part of a criminal investigation or civil proceedings, or it shows other identifiable third parties.

Third party CCTV requests

Requests to view or receive a copy of images may be made by third parties for one or more of the following purposes, (this list is not exhaustive):

• Providing evidence in criminal proceedings, or civil proceedings or tribunals.
• The prevention of crime.
• The investigation and detection of crime, including identification of offenders.
• Identification of witnesses.

Third parties are required to show adequate grounds for disclosure, e.g.:

• Police authorities.
• Statutory authorities with powers to prosecute, (e.g. Customs and Excise, Trading Standards etc.).
• Solicitors, on behalf of clients.
• Claimants in civil proceedings.
• Accused persons or defendants in criminal proceedings.

The Council does not have to disclose the images if it thinks there are not strong enough grounds to do so. If the Council does agree to disclose the images:

• The Council will verify the accuracy of the request.
• Only images which are specific to the request will be given and it must not be possible to identify any other individual in the images.
• If images are requested where other individuals are identifiable, a fee will be required to cover the cost of pixelation made by a reputable external editing company. The fee will be checked with the company on request, but at the time of publish, March 2023, the cost is £270 for 60mins of footage. We will always contact you to advise before applying the fee.

Please send requests to:

Fermanagh and Omagh District Council

Corporate and Strategic Services

County Buildings

15 East Bridge Street

Enniskillen

BT74 7BT

Email for SARs: info@fermanaghomagh.com

Email for fois: foi@fermanaghomagh.com

*This guidance is subject to change as the CCTV protocol is under review. In the meantime, if you require a SAR form, please contact info@fermanaghomagh.com or ring 0300 303 1777.