Despite suggesting to Driffield Town Council (DTC) that it seeks independent legal advice with regards to its involvement with the Driffield CCTV system, it is clear that it has failed to do so. Indeed it is clear that DTC has been advised by Humberside Police and ERYC.
I note that Don Steel, ERYC Assistant Engineer – Streetworks, believes it is acceptable to use the ERYC IT-system when communicating as a Driffield resident. In addition, he appears to believe it appropriate for an ERYC Officer to condone the breaching of legislation, via an ERYC email address. Both are inappropriate. I will leave it with Don to decide what action he needs to take.
Scheme Controlled By DTC
As no DTC Councillor or Officer has any access whatsoever to the location where the Driffield CCTV system data is stored (Driffield Police Station), it is false to claim that “The scheme is controlled by Driffield Town Council”. Indeed, no DTC Councillor or staff have legal clearance to see the Data or even enter the room.
I do not question the DTC Clerk, who informed me:
“… signs, as recommended by the Surveillance Camera Commissioners office, will be erected in the very near future”
I question whether the SCCO has been informed that DTC does not have full control of the Driffield CCTV system.
If DTC does have full control of the Driffield CCTV system, then why have they not fulfilled my Subject Access Request after over 8 months?
Evidence of Crime
The Driffield CCTV system no longer meets Home Office guidance standards as it is a fundamental requirement that a CCTV system cannot be implemented in areas of low or no crime and/or anti-social behaviour. There must be factual evidence of a significant level of crime.
The law and relevant regulations governing the use of CCTV have changed dramatically over the last few years and DTC must ensure that the CCTV system it has implemented fully complies with the law. This must include a robust and thorough review of the CCTV network in respect of crime levels. This assessment would need to be supported by data from Humberside Police.
Upon completion of an assessment, if any cameras are being used in locations where there is little or no crime recorded, they no longer meet the legal requirement for use as set out by the Home Office Surveillance Camera Commissioner’s compliance guidelines. If this is the case, all such cameras must be removed.
The only “evidence” I have been referred to is of “alleged” crime.
You can call a cat a dog; you can call an alleged crime a crime; etc…
DTC Must Seek Independent Legal Advice
After over 8 months since my intervention, the Driffield CCTV system is still not lawful and, as such, data gathered and stored by it cannot be used in a court of law as evidence. One cannot break the law to enforce the law.
DTC is clearly being played by Humberside Police and ERYC. Why can’t DTC see this?
My advice to DTC stands – seek independent legal advice.
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