Q&As

When receiving a subject access request in relation to CCTV images, how do I deal with images of individuals other than the person to whom the request relates? What if the data subject to whom the request relates is a child?

read titleRead full title
Published on LexisPSL on 01/05/2019

The following Risk & Compliance Q&A provides comprehensive and up to date legal information covering:

  • When receiving a subject access request in relation to CCTV images, how do I deal with images of individuals other than the person to whom the request relates? What if the data subject to whom the request relates is a child?

Practice Note: Handling data subject requests explains that you do not have to comply with a data subject access request if doing so means disclosing information about a third party who can be identified from that information, unless:

  1. the third party has consented to the disclosure, or

  2. it is reasonable to comply with the request without the consent of the third party information

In determining whether it is reasonable to disclose the information without consent, you must take into account all of the relevant circumstances, including:

  1. the type of information you would disclose

  2. any duty of confidentiality you owe to the third party

  3. any steps you have taken to seek consent from the third party

  4. whether the third party is capable of giving consent, and

  5. any express refusal of consent by the third party

You will need to decide on a case-by-case basis whether it is appropriate to disclose third

Popular documents