Can Tesco hand over CCTV footage to a member of the public?

My friend was in a car crash recently and it wasn't his fault but the lady wont admit liability. He was informed the other day that the CCTV is being looked at now to see if they can confirm were the liability lies.

Tonight we went into Tesco and was informed that the lady has been into tesco and spoke to the manager. She asked for the CCTV to take a look at the crash as she is claiming she cant rememeber and it wasnt her fault.

The manager told her to bring in a blank tape and he would put the CCTV on it.
She brought it back in today and said she wanted the other one, so she is getting it tomorrow.

Now, is there anything that says that Tesco is allowed to do that, are they not bound by Data Potection 1998 and someone with authority has to request it.

We have spoken to the police and they said that because it isn't on Tescos property it doesn't matter.........but he wasn't sure!

Please help!......as surely she should be going through the proper channels (insurance & police)??????

Definitely Tesco has broken the law releasing CCTV footage not taken within their property for a contested legal case, but on the other side, get yourself two blank tapes and ask Tesco for a copy of your own.

Doesn't much matter as neither you or the lady concerned get to judge the evidence.

The law on CCTV states that it can only be used in evidence by the holder if it occurred within the holders property boundary. Outside the boundary it can be seized by Police as evidence. Neither the lady or your friend should have a copy as it compromises due course and is covered by the data protection act, but what's source for the goose?

Yes they can the data protection act covers data held on computers not videos and just like you could give someone a copy of a tape you made so can Tesco.The driver concerned can gather evidence to use in court or pass to insurance.It is not the function of the police to deal with all damage accidents or to obtain evidence for other people.

Shame on tesco's part.
That's why managers in Ladbrokes have no access to the CCTV as that's operated by our security department, which we have no control over.
Tesco should operate their footage in that way, then the lady would have to live with that it's her fault, and nothing she could do, just deal with it. And who's property did it happen on if not Tesco's, I thought they only film their own property... my god!

There's nothing to stop Tesco giving out a copy of CCTV tape of their car park or any other open spaces covered by their cameras if they choose to. They're not disclosing anything defined as confidential information under the DPA in this instance. Your friend should also ask for a copy to protect herself against possible legal action.

Like all companies the only people that can request CCTV tapes are the Police or By court order. The CCTV remains a property of the company and can only be viewed by Authorised persons if a crime or incident that requires involvement by certain third parties (like insurance companies) but under strict guidlines to protect everyone that has been captured by the CCTV.

Seems a bit sneaky on her part....she obviously does remember!

I am a bit worried if Tesco gave her the original, what if the police needed to view it tomorrow or something and it had gone missing...We keep our tapes for 7days and only release them to the police!
i would phone head office and speak to them.

Can you not go in and get a copy as she did?

Go back to Tesco's and tell them that you will be reporting them to the Information Commissioner's Office under the 1998 Data Protection Act. Tel:08456 306060 or 01625 545745. www.ico.gov.uk Hope this helps and good luck.

I think you should go back to the police and ask them to stop Tesco from giving the lady a copy of the tape. It is up to your respective insurances to sort it out.

Yup - that is perfectly legal. You can do the same thing. You shouldn't be talking about this with anyone but your attorney and your OWN insurance company.

It doesn't sound right, but I really can't see Tesco being stupid enough to hand over the original cctv tape. Your friend should contact their insurers without delay about this.

TESCO had no right to give the ccctv it is a breach of the law the cctv is covered under the data protection act

If they are providing her with a copy, why don't you also get one since it presumably proves it was her fault?

Talk to your insurance company and let them deal with the legalities , its what you pay for ,

Only IF you PAY for it..lol

supermarket won't give her the master of the tape regardless, in case it is needed for something else later.

if it's in say a supermarket car park , it's private property.

also depends on the cctv camera, how it records. there are different sorts.

anyone can request a copy of cctv , if they contact the people who record it, with the general time/date. Only the bit they were filmed in. If it's a car instead of person, that's different.

bottom line is she wouldn't be allowed to get the masters of it anyway. copies, yes.. masters NO.

you also have a copy of the tape? if not why not.. give it also to your insurers, or whoever is doing the claim.