Release of dashcam footage

[Anon264283]

I was recently involved in a car accident with a taxi. The driver took full responsibility for the crash and we have come to an agreement without going through insurance.

My query relates to the following: the taxi had a dashcam which recorded the incident. They agreed to show me the clip when I came in to their office, but refused to supply me a copy. Do I have a right to a copy of the incident as I am the only person who is identifiable in it? Or are they within their rights to refuse?

 

[obscure]

No, you don't have a right to a copy of the footage. Just because you can be identified in a piece of video or a photograph, that doesn't give you any rights to the video/photograph under copyright law. The person who created the footage is the copyright holder and has exclusive rights to the footage.

 

[mattk]

According to this, yes you do:

"if the Dashboard Cams are on work or commercial vehicles, then a member of the public has the right under Section 7 of the DPA to make a Subject Access Request to view the footage which contains their image; for that reason a sign saying how they can apply for this may be warranted but not currently compulsory."

Obviously, DPA has been superseded by GDPR, however given that GDPR is more explicit I would say the rules still apply.

https://www.griffinhouseconsultancy.co.uk/dashboard-cams-need-notify-ico/

 

[Mr D]

According to this, yes you do:

"if the Dashboard Cams are on work or commercial vehicles, then a member of the public has the right under Section 7 of the DPA to make a Subject Access Request to view the footage which contains their image; for that reason a sign saying how they can apply for this may be warranted but not currently compulsory."

Obviously, DPA has been superseded by GDPR, however given that GDPR is more explicit I would say the rules still apply.

https://www.griffinhouseconsultancy.co.uk/dashboard-cams-need-notify-ico/

And they did agree to show him the footage.
Giving it however....

 

[Awinner2]

According to this, yes you do:

"if the Dashboard Cams are on work or commercial vehicles, then a member of the public has the right under Section 7 of the DPA to make a Subject Access Request to view the footage which contains their image; for that reason a sign saying how they can apply for this may be warranted but not currently compulsory."

Obviously, DPA has been superseded by GDPR, however given that GDPR is more explicit I would say the rules still apply.

https://www.griffinhouseconsultancy.co.uk/dashboard-cams-need-notify-ico/

But the OP has viewed the footage but is asking if he has the right to get a copy?

 

[mattk]

Subject Access Request requires a copy of personal data to be provided. If dashcam footage is considered personal data, then an electronic copy should be made available under Right to Access.

 

[Mr D]

Subject Access Request requires a copy of personal data to be provided. If dashcam footage is considered personal data, then an electronic copy should be made available under Right to Access.

Sorry, was under the impression you'd quoted their ability to view the footage.

 

[mattk]

Sorry, was under the impression you'd quoted their ability to view the footage.

That was the only article I could find which directly references dashcams as opposed to CCTV.

 

[fisicx]

Subject Access Request requires a copy of personal data to be provided. If dashcam footage is considered personal data, then an electronic copy should be made available under Right to Access.

I doubt it would ever be considered personal data.

If the BBC is fliming down your road and and you walk into shot you can't then demand a copy of the footage. If a newspaper takes a picture and you are in the background you can't demand a copy. If someone films their journey using a dashcam you have no right to a copy of the film.

 

[obscure]

According to this, yes you do:

"if the Dashboard Cams are on work or commercial vehicles, then a member of the public has the right under Section 7 of the DPA to make a Subject Access Request to view the footage which contains their image; for that reason a sign saying how they can apply for this may be warranted but not currently compulsory."

Doesn't say anything about having a copy.

 

[mattk]

Just had a go on the ICO's nifty live chat and they say yes, if the footage identifies you then you can request an electronic copy.

https://ico.org.uk/global/contact-us/live-chat/

 

[Gecko001]

You probably know this and it is a bit off topic, but even though you are not going "through insurance" you must inform your insurance company of the incident and declare the incident in any future applications for insurance. To do otherwise is usually against insurance terms and conditions and thus if a different incident occurred where you did want to make a claim, the insurance company might have valid reason to not pay out.