LAW - Rights to access Private CCTV

Not entirely sure where this should go.

A friend of mine is having a little trouble with the management company at his flat.
The situation:
His bike was damaged and another was stolen from the Bicycle store room at his flat compound. The insurance company required the police to clarify the time frame within which it was stolen. The management company wouldn't turn over the tapes without police consent, and the police weren't willing to risk damaging the CCTV equipment. The Management Company didn't, as it would take too long and have now taped over the footage.

I've asked him to check whether there's anything in his contract about the CCTV, and to check if there are signs stating that the bike is left at his own risk.

Does anyone have any advice as to whether he'd have a claim against either the management company for their failure to check the CCTV and help with the claim (i.e. whether there's a duty of care), possibly for their failure to comply with Data Protection law?; or alternatively against the Police?

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TheBigCh

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Original post by TheBigCh

Not entirely sure where this should go.

A friend of mine is having a little trouble with the management company at his flat.
The situation:
His bike was damaged and another was stolen from the Bicycle store room at his flat compound. The insurance company required the police to clarify the time frame within which it was stolen. The management company wouldn't turn over the tapes without police consent, and the police weren't willing to risk damaging the CCTV equipment. The Management Company didn't, as it would take too long and have now taped over the footage.

I've asked him to check whether there's anything in his contract about the CCTV, and to check if there are signs stating that the bike is left at his own risk.

Does anyone have any advice as to whether he'd have a claim against either the management company for their failure to check the CCTV and help with the claim (i.e. whether there's a duty of care), possibly for their failure to comply with Data Protection law?; or alternatively against the Police?

Right to access CCTV means that a subject can ask to look at footage relevant to themselves, and ask to have images of themselves deleted if they have a good reason. It doesn't mean that you can make other people use their CCTV in a particular manner. You normally have to pay for this kind of access.

Data Protection does not cover any requirement to review stored media.

Your friend should have insisted at the time that copies were turned over to him. It's as much his ignorance of the law as theirs.

Also, if you want to claim that the CCTV system fails to comply with code, you are essentially making any stored data worthless. You are basically handing a defence to an alleged offender.