FT/EA/2024/0464 - [2025] UKFTT 01131 (GRC)

On 31 May 2023, the Appellant made a Subject Access Request for CCTV footage of a named street for the date and time of his accident (between 02:00-03:00 hrs on 29 May 2023). On 07 June 2023 he received a response to that request which confirmed that two pieces of CCTV footage had been located. He subsequently received the footage on 30June 2023. On receipt, it was apparent that one of the cameras collected footage from the specific address that he had referenced in his EIR request of 05 June 2023.

On 14 September 2023, the Appellant made a further EIR request to the Council in which he requested information, including CCTV footage, regarding bins belonging to the same named property which were causing an obstruction on the public highway. A response was provided on 12 October 2023.

The Commissioner issued a Decision Notice in relation to the EIR request that had been made on 14 September 2023, reference IC-279542-D4M3, dated 08 May 2024, in which he held that the Council had not complied with its obligations under regulation 5(1) EIR.

During the course of the Commissioner’s investigation prior to the issuing of Decision Notice reference IC-279542-D4M3, the Council confirmed that it had discovered that there were three cameras with footage of the street in question – one camera in the waste service vehicle, and two public space cameras.

The Council confirmed to the Commissioner that the Appellant had previously already viewed the CCTV from the waste service vehicle. The Council stated that, during its handling of the EIR request of 14 September 2023, it had inadvertently overlooked the fact that it had two public space cameras with footage of the relevant street – one close to the specified property, and one at the corner of the named street and an adjacent street.

The Council confirmed that it had disclosed footage from both of the public space cameras to the Appellant on 29 and 30 June 2023 in response to the Subject Access Request that he had submitted. However, it became apparent during the course of the Commissioner’s investigation regarding the EIR request that was made on 14 September 2023 that the Council held further footage from one of the public access cameras for 29 May 2023 that had not been disclosed to the Appellant.

The Council was required to disclose all relevant CCTV footage to the Appellant within 30 calendar days of the date of Decision Notice reference IC-279542-D4M3.