Can I sue over deleted cctv?

[OpenEye]

I got my bag stolen in a bar and i highly suspected it was one of the staff. I requested the cctv footage but they refused to give it to me. FInally the police went there and they told them they had checked it and there was nothing interesting on there so they deleted it....can I sue them for the cost of my loses?
This was in a bar in London by the way! Thanks in advance for your answers
This was in a bar in London by the way! Thanks in advance for your answers
it was not a chain, just a little bar. I reported immediately to the police and requested to see the footage straight after that. I asked again and again each day after with no luck! I asked in person not in a letter so maybe I messed up there. Whats so bad about it is that another bag got stolen after and they looked at the cctv for that and the guy was arrested..why would they not do this for me?! I heard that if they do not show you the footage within 40 days they are liable for you loses...this was in an artical in the guardian!

[gasman]

Hi open eye,

Most bars systems are not the best you get what you pay for, also most venues only keep the tapes for approx 10 days and then reuse the tapes if they using that type of system, also the possibility they did not show you the footage is data protection act, or they did not have any footage to show because there system is a dummy system. As for sueing them for the loss of property I'm not sure best is to get advice from your local citizens advice beurea, they may be able to high light on what steps you can take.

[rescueme]

They have no legal responsibility to show you any CCTV. The Police would view it and make any decisions from there, you wouldn't be viewing any CCTV unless the Police showed it to you as part of their investigation.

As for trying to sue the bar for your losses - the bar has no responsibilty for your belongings so I am not sure how it is their fault!?

[Marian]

Mate watch you language please, there is no need of it in these forums.

Regarding CCTV, old video tape systems recording on VHS are usually kept for about a week due to amount off tapes you have to store, on new HDD systems it can be stored as long as the HDD capacity allows, usually it is up to about a month and then it loops and rewrites same space, but if there is any thing you want to keep you can burn it on CD or DVD.

There is no law saying that you must have CCTV system in operation unless for example local council in issued licence specified so.
It's not surprising for me thay they din't have it, many venues although they have the system, they don't have anybody taking care of equipment, so effectively it is not working or working poorly, so if police asks they rather say they din't catch anything on it instead of admiting it wasn't working, because for example tape wasn't there, it is sad but true and common.

But most important however, is that your coat, or bag if not left in the cloakroom is YOUR OWN RESPONSIBILITY, and most of the venues will inform about it on separate board at the entrance, otherway anyone could sue them for his/her own recklessness.

[coffeegirl]

Nice to see so wonderful comments!

Yeah the police might got no clue from the Surveillance system .

a). CCTV system ( DVR) will cover the former record when the HDD has no more space.

b). Some CCTV system can set certain zone on the screen to record. Like our DVR would divide the detected screen to 16x12 zones, only the appointed zone have any motion will cause the system to record..

If unluckily your venues is not in the detective zone, police will see no more record.

So I think it might be a little troublesome to sue them.

[kensplace]

You should get in touch with the ICO (Information Commissioners office) as it sounds like the bar may be in breach of the data protection act, as they have to assess each request for footage, and provide footage as long as it is not in breach with the act.

If you kept asking, and they refused without reason, I would find out what the ICO has to say, if they breached the DPA you may be in a position to seek legal advice for suiing them...

Im not a lawyer, so always seek legal advice to be on the safe side!

[Mrburns]

"They have no legal responsibility to show you any CCTV."

They do if registered with the data protection act. you can request any information stored on yourself, this incldes video footage. They can charge you an admin fee for processing e.t.c.

Pretty much there is nothing you can do, becuase there requirement is to meet their lisencing agreement, so if that agreement states only 10 days for exmaple thats the length they have to keep footage. i belive most places are getting upgraded to 30 days now on renewal of their liscence.

[sinx9]

most clubs and bars ive worked at now have digital recorders ie hardrive and the footage is kept for 28 days
hope that helps

[Basha72]

Some Places are just storing for 7-10 days depending on size of their HDD or the amount of camera's on the system, in most cases the less time stored the greater the quality of the images, better frame rate ect capturing better images ..instead of the one second they are in view the next the are halfway out of the venue" you know what I mean" unless your venue as mega money and as the best of the best.

Most people will raise an issue with the venue/Shopping mall etc within a few days, so the chance is greater of getting images before they are over written.

Any good CCTV set up will have data subject access forms all set up for the venues they are in place with. And as others have said sometimes an admin fee is charged for the time taken to search etc and copy to disc etc. Template letters should be in place. Ie we were unable to find any images of you at said time and place, if you are un happy with thes finding please re contact us... etc. All this should be done within the 40 days of the CCTV owners receiving the request for images, and again this should be logged, the idea of the logs is should someone complain you can provide evidence that you have followed yur COP and complied with the ICO CCTV COP also.

There is a case that exist of the Car phone wherehouse, that did not follow the COP, they did not provide or acknowledge data request sent in by people and have been done by the ICO. So some of the Set up out ther will get done if they don't follow the COP but there are many others out there that don't and still get away with it !!


Lets remember that these Camera's are there to protect us aswell as the customers, so having an upto date and accurate system in place will be the best for all concerned.

Basha72

[VICTORMACE]

Bars or clubs are under absolutely no obligation to show any footage caught on camera to anybody even the police unless the police have a warrant to view the footage. Remember CCTV works two ways and only to the bars advantage, the bar can use it to prosecute violent offenders damaging their business and reputation which is a valid point or when something happens like the theft of a coat or handbag and I dont mean in any way to belittle anyones loses but its not a huge crime by any means the bar will simply refuse to allow the footage to be seen or will erase the said footage as this minor crime will draw too much police attention to the bar.In all the years I've looked after bars and clubs I've never heard of anyone sueing a bar for loss handbag, coat or mobile phone. Sorry but thats the way it is.