In the variety of cases we deal with from road traffic accidents, accidents at work, assaults, defamation and public liability, as a matter of primary investigation seek where possible CCTV footage of an incident.
The sources of such footage range from, standard cameras in a public area, traffic cameras on streets, dash cameras in cars, body cameras on security guards and peoples camera phones.
The footage can make or break a case. Therefore it is important that as soon as an accident occurs you should see if there could be footage available from the scene of the accident.
Any person whose image has been recorded on a CCTV camera has the right to a copy of the footage. This is in accordance with the Data Protection Act and can be got from the data controller. In order to obtain a copy of the footage, a person must make an application in writing to the data controller. The cost of a data access request can be up to €6.35. The data controller must respond within 40 days of the request being made.
In a personal injury claim, we would handle this request as part of the personal injury claims process. This means that all you need to do is supply us with the right information before we do.
When making a data access request you will need to supply the data controller with the specific date and a specific time at a named location. If unsure of specific time then a specific date between certain hours at a named location would suffice.
The data controller has 40 days to respond to the request. If the request is not replied to in full a complaint can be made to the data protection commissioner.
It is worth noting that some CCTV systems will automatically delete footage after one month. However, in cases where the data controller intentionally destroys the footage before or after you have made the data access request the data controller has unintentionally helped the personal injury case move along. For example, we have acted in two cases recently where despite the reporting of the accident by the employee, the member of the public the defendant destroyed the footage. The Judge in both cases drew a conclusion in favour of the injured party. This is because of the defendant’s failure to retain the footage. This includes a case where a data access request had not been made until sometime later.
In a personal injury * case, a data access request can be a crucial part of your case. It is important to request CCTV footage as soon as possible after the accident had occurred. Tracey Solicitors will handle the data access request for you so that you. This means you can focus on your recovery while we manage your case.
Based in Dublin, Ireland, with 30 years’ experience Tracey Solicitors are specialists in Personal Injury Law. Serving clients from Ireland and Abroad our team of personal injury solicitors will guide you on all aspects of accident compensation claims.
We give legal advice in Russian. If you need legal help, call us 01 649 9900 or email to firstname.lastname@example.org
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*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.