Despite suggesting to Pocklington Town Council (PTC) that it seeks independent legal advice with regards to its involvement with the Pocklington CCTV system, it is clear that it has failed to do so. Indeed it is clear that PTC has been advised by Humberside Police and ERYC.
Scheme Controlled By PTC
As no PTC Councillor or Officer has any access whatsoever to the location where the Pocklington CCTV system data is stored (Pocklington Police Station), it is false to claim that “The scheme is controlled by Pocklington Town Council”. Indeed, no PTC Councillor or staff have legal clearance to see the Data or even enter the room.
I question whether the Surveillance Camera Commissioners office has been informed that PTC does not have full control of the Pocklington CCTV system.
If PTC does have full control of the Pocklington CCTV system, then why have they not fulfilled my Subject Access Request after over 8 months?
Evidence of Crime
The Pocklington 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 PTC 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…
PTC Must Seek Independent Legal Advice
After over 8 months since my intervention, the Pocklington 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.
PTC is clearly being played by Humberside Police and ERYC. Why can’t PTC see this?
My advice to PTC stands – seek independent legal advice.