MSDC Procedure for the Release of Evidence

Installation of CCTV | CCTV footage and your rights | MSDC procedure for the release of evidence

Mid Sussex District Council operates CCTV cameras at the main Oaklands Campus in Haywards Heath. These are operated for crime prevention & detection and for staff & visitor safety. Civil Enforcement Officers also wear Body Worn Video Cameras while carrying out their duties.

Subject to certain exemptions, you have the right to access CCTV images of yourself under the Data Protection Act 1998. 

You also have a right to a copy of this information in a permanent form except where the supply of such a copy is not possible, would involve disproportionate effort, or if you agree otherwise. 

How do I access these CCTV images?

To be able to access CCTV images of yourself, you will need to complete a Data Subject Access form (DPSA_CCTV). This requires you to:

  • Give details of the date, approximate time (within 1 hour), and the location you were in 
  • Provide a brief description of what you were wearing in order to identify you
  • Provide a full face photograph in order to locate the correct image(s)
  • Indicate whether you would just like to view the images or would like a permanent copy in the form of video or photograph 
  • Pay a £10 fee for carrying out the search of the images requested. This fee is payable for each access request. Cheques, Postal Orders, etc. should be made payable to Mid Sussex District Council.

Mid Sussex District Council will only give you this information if it is satisfied as to your identity. When submitting your completed form to Mid Sussex District Council, you must also provide proof of identification (Passport or Driving Licence).

Can my request be refused?

If the release of the CCTV information will disclose information relating to another individual(s), who can be identified from that information, Mid Sussex District Council is not obliged to comply with an access request unless:

  • The other individual has consented to the disclosure of information, or
  • It is reasonable in all circumstances to comply with the request without the consent of the other individual(s)

Mid Sussex District Council may also deny access to information where the Act allows, and where giving you this information is likely to prejudice any of these purposes.  The main exemptions in relation to information held on the CCTV System are where the information may be held for:

  • Prevention and detection of crime
  • Apprehension and prosecution of offenders

Where it is not possible to provide you with this information, we will give you the reason why this has been refused.

How long will you take to process my request?

Mid Sussex District Council aims to deal with your request as promptly as possible. We must provide this information to you within 40 days of receiving the fee and completed access form.

Mid Sussex District Council only retains the CCTV images for 31 days, (60 days for Body Worn Camera images) in accordance with the Data Protection Act. After this time, these images are destroyed. If your request is out of the retention period, it is unlikely that we will be able to provide you with the requested information.

Third Party Requests for CCTV evidence

Third Parties can make requests to view CCTV images / data for the following:

  • Providing evidence in criminal proceedings
  • The prevention and detection of crime
  • The apprehension and prosecution of offenders
  • Providing evidence in civil proceedings (e.g. insurance companies requesting CCTV evidence for their clients following a car accident).

Third Parties are required to show adequate grounds for disclosure of data. These Third Parties may include, but are not limited to:

  • The Police
  • Statutory Authorities (Local Authority, Customs & Excise, Trading Standards etc)
  • Solicitors
  • Claimants in civil proceedings
  • Accused persons or defendants in criminal proceedings

To be able to access this information, a Section 35 (2) Request for Images form must be completed by a Legal Representative. 

A charge for copying may apply.

For further information contact: foi@midsussex.gov.uk