The DPC received a complaint from an individual regarding an access request made to the data controller, a retailer. The solicitors acting for the individual in relation to a personal injury claim had submitted the access request relating to a two-week period when the alleged incident had taken place. They were seeking records of the incident to include CCTV footage. Data was released but the individual identified that the CCTV footage, the accident report form and witness statements had not been released. In responding to the individual’s query in relation to these items, the data controller advised they were restricting access to the items as it was necessary to avoid any obstruction or impairment of the legal proceedings and/or operation of legal privilege.

This complaint was identified as potentially being capable of amicable resolution under Section 109 of the Data Protection Act 2018, with both the complainant and data controller agreeing to work with the DPC to try to amicably resolve the matter.

The DPC advised the data controller to prepare a list, which would document any items which the organisation was applying an exemption to, while also documenting the exemption on which they were relying. On receipt of the list, the DPC probed the exemptions being used and looked for the organisation to demonstrate how they had ensured the restriction was necessary and proportionate. The DPC also looked for samples of the documents to be released so we could examine how the exemptions were being applied.

Upon investigation, the DPC identified that the documents did contain some personal data of the individual and requested the data controller to release them with relevant redactions . In relation to the CCTV footage, the DPC stated that the primary reason for capturing the data was for security purposes and not for the defence of litigation claim and therefore requested the footage be released to the individual with relevant redactions. The DPC accepted the remaining exemptions were being validly applied as provided by the legislation.