For practical purposes, and to expedite a request speedily in urgent situations, a verbal request may be sufficient to allow for the release of the footage sought.
However, any such verbal request must be followed up with a formal written request.
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If the monitoring is for health and safety reasons, a data controller would need to demonstrate that the installation of CCTV was proportionate in addressing health and safety issues that had arisen prior to the installation of the system. Use of CCTV to monitor areas where individuals would have a reasonable expectation of privacy would be difficult to justify. To justify use in such an area, a data controller would have to demonstrate that a pattern of security breaches had occurred in the area prior to the installation of the system such as would warrant constant electronic surveillance.
Where such use can be justified, the CCTV cameras should never be capable of capturing images from cubicles or urinal areas.
If a data controller is satisfied that it can justify installing a CCTV system, it must consider what it will be used for and if these uses are reasonable in the circumstances.
Security of premises or other property is probably the most common use of a CCTV system.
Any such requests should be on An Garda Síochána headed paper, quote the details of the CCTV footage required and should also cite the legal basis for the request i.e. ” (p.76) There is a distinction between a request by An Garda Síochána to view CCTV footage and to download copies of CCTV footage.
In general, An Garda Síochána making a request to simply view footage on the premises of a data controller or processor would not raise any specific concerns from a data protection perspective.Section 2(1)(c)(iv) of the Data Protection Acts states that data "shall not be kept for longer than is necessary for" the purposes for which they were obtained.A data controller needs to be able to justify this retention period.Access should be restricted to authorised personnel.With regard to requests from An Garda Síochána to download footage, the ODPC recommends that requests for copies of CCTV footage should only be acceded to where a formal written (or fax) request is provided to the data controller stating that An Garda Síochána is investigating a criminal matter.Before proceeding with such a system, it should also be certain that it can meet its obligations to provide data subjects, on request, with copies of images captured by the system.