Today I have received a copy of an email sent by Driffield Town Council (DTC) to ERNLLCA on 4 July 2019 in relation to the unlawful DTC CCTV system. DTC confirm that my opinions that the DTC CCTV system is unlawful are spot on.
Since 17 June 2019, I have attempted to assist DTC to put matters right but they have failed to utilise my knowledge. As a result, it could be said that they have run around like headless chickens. Yet despite this running around the system remains unlawful.
There are numerous reasons why the CCTV system is unlawful. Indeed further emails I have received today confirm some of these. I believe, at this point, it would be appropriate for me to highlight just one aspect.
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 gave DTC the opportunity to offer a response for publication. With all due respect, their response was nonsense so I believe it appropriate to just publish an extract.
“I can confirm that agreement has been reached with Humberside Police, and Driffield Town Council are indeed now the data controller and the police the data processor. This is a perfectly legitimate arrangement and controls are in place to ensure that DTC personnel are entitled to access the system for purposes stated, including responding to Data Subject Access requests, which is a duty we can delegate to a duly trained member of staff – in this case the police. Driffield Town Council do control the system therefore the signs are correct.”
DTC are actually claiming that they do control the Driffield CCTV system as “the duly trained member of staff is the Police”.
I am sure we will all accept that the Police are not duly trained members of staff of DTC. As I said – nonsense.
I am at a lost why DTC, at considerable expense to their taxpayers, has spent nearly a year attempting to ensure their CCTV system is lawful yet continue to fail.
My advice to DTC is simple:
- Stop digging.
- Stop wasting taxpayers resources.
- Work out an “A to Z” how to make the system lawful.
- Share that A to Z with key stakeholders, including myself and legal representation.
- Once everyone agrees that the A to Z would produce a lawful CCTV system only then, subject to finances, start the process.
To do otherwise is throwing good money after bad.
As DTC knew for nearly a year that I was right all along that their CCTV system was unlawful it raises the question of why they have permitted an unlawful CCTV system to unlawfully gather personal data.
DTC must now:
- Put the brakes on this charade.
- Make a public statement that their CCTV system has operated unlawfully and continues to do so.
- Switch off the CCTV system until such time as it is lawful
- Request Humberside Police to revisit all cases where evidence gathered by the CCTV system was used as evidence.
I hope that DTC finally does the right thing as currently, Driffield have a CCTV system that data gathered by it is unlawful and cannot be used in a Court of Law. In truth, it is a friend to those committing crime.
It is ironic that those who are in charge of a CCTV system to address crime are committing crime themselves.