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Data Protection 2018 and camera evidence submitted to the police

by Flexo152
Thu, Jun 25, 2020 08:23
10

Hi,

I recently submitted camera footage to Cambridgeshire police of a close pass around a bend with oncoming traffic. It's not the worst pass I've had but it was recorded by my camera and it put the wind up me, so I wanted to submit it. All duly submitted. I got an email this morning from the Digital Evidence Team at Herts, Cambs and Beds police that said:

"Please be aware that you may not hear anything further from us in relation to this matter. Should we need any further information or if this incident goes to court we will contact you.

Unfortunately due to the data protection Act 2018 we are unable to disclose the outcome of the case with you"

I wasn't expecting great detail from the police but I was expecting to hear the rough outcome (i.e no action, probably) and I can't really see what the DPA 2018 has to do with this. I don't know the driver of the van, I know the registration number and the company details as they were on the side of the van. (In fairness it was a small company so I could likely make an educated guess on the driver with a few minutes on facebook. )

This feels like the police just don't want to deal with updating people on whether any action was taken. Does anyone know whether this is standard across police forces and whether the DPA 2018 does mean they can't tell me the outcome of my complaint?

Cheers, Matt

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10 comments

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wtjs | 4 years ago
0 likes

In Lancashire you do at least know what they're going to do about offences as soon as you send in the report- nothing at all.

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Hirsute replied to wtjs | 4 years ago
1 like

Can't remember which article it was on here, but the general 'defence' to the photo you posted is "the driver of the van cannot tell how fast you as the cyclist is going" (presumably because they do not have an accurate speedo in their vehicle).

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wtjs replied to Hirsute | 4 years ago
0 likes

They don't bother with 'defences' in Lancashire- the police just don't respond to online incident reports. There is no defence to this incident- driver is on the R side of vehicle almost completely across double unbroken white lines on the R side of the road just before a RH bend on a busy road

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hawkinspeter replied to wtjs | 4 years ago
0 likes

I've had A&S not pursue a similar case that I submitted a while back. I was going around 32kph (quicker than 20mph!) on a downhill section of the A370 and took primary position to dissuade a van from overtaking just before a rh bend. The double white lines had just started and the van overtook me anyway.

The officer made the point that video footage is not for evaluation of speed (e.g. that I was travelling more than 16kph) and that he considered that the overtake didn't appear dangerous. (It wasn't what I'd deem a close pass so I didn't raise a complaint and accepted his judgement).

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Accessibility f... | 4 years ago
4 likes

I feel it's the police's insistance that we are "witnesses" rather than "victims" that are responsible for this.

I am about to complain to Cheshire Police, who won't update me on a horrible revenge close pass I was subjected to last year.  This was a violent action done on purpose, to me.  I didn't witness it - I am the victim.  As a victim, I demand to know what they did about it.

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quiff | 4 years ago
1 like

In my experience, the Met will let you know if they're issuing a NIP or taking no further action, but won't proactively update you any further unless it's going to court and they need you as a witness. They have however replied to me without demur when I've actively asked for the current status / outcome of reports I've made. E.g. I sent them a table of multiple reports and they happily gave me status updates on all of them in one go.  

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Awavey replied to quiff | 4 years ago
1 like

Norfolk/Suffolk do that too, theyll tell you whether they are proceeding with a NIP, sending a letter of advice,or no further action, but they dont  update on the outcome of the NIP, you are just left to assume if you hear nothing more the driver accepted it,and everyone moved on,

but the DVLA cant have that much of a tick on number plates & data protection, as they are more than happy to sell access to it to all those cowboy private parking firms

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David9694 | 4 years ago
0 likes

Pretty sure the DPA is not designed to hold up the pursuit or reporting of crime and that is a "we're not allowed" vague excuse.

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hawkinspeter | 4 years ago
0 likes

Avon & Somerset give a similar spiel if they agree with the close-pass/incident being worth chasing up, but they don't say whether they're aiming to prosecute or just issue a warning letter etc. They don't quote any DPA, but say something like 'as you are a witness you will receive no further updates'.

I'm no expert, but I doubt that DPA has anything to do with not issuing updates. It's more likely that by giving details of their intended action, they open themselves up to more complaints (e.g. sending a warning letter when the victim believes that a court case is more appropriates).

I also don't see the relation between number plates and data protection as you can't identify an individual just from a number plate.

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nniff | 4 years ago
0 likes

The DVLA has a twitch about number plates being personal data, despite them being available to anyone who cares to look.  Perhaps that has spread to the police.

The reason you provided the number was because you thought an offence had been committed.  Saying whether or not they agree with you does not seem to conflict with the purpose for which you provided the data, or indeed the purpose for which the motorist displayed their number plate in the first place, and seems to be wholy compatible with the provisions of the Data Protection wotsits.  If there is an identifiable person in the video that might change things a bit. 

Of course, if they have prosecuted the person, that is a matter of public record and you have a right to know

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