Consent and platforms to access to CCTV

Freedom of information request reference no: 01.FOI.24.037616

I note you seek access to the following information:

1. The current process and challenges associated with obtaining consent to access CCTV footage for police investigations within the Met Police.
2. Any existing practices or platforms utilised by the Met Police or other relevant stakeholders for managing consent in similar contexts.

Decision

I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.

Q1 - The current process and challenges associated with obtaining consent to access CCTV footage for police investigations within the Met Police.

In the main when we are obtaining any digital evidence from a member of the public we are doing so as part of a criminal investigation and that material is being seized as a reasonable line of enquiry under the Criminal Procedure and Investigations Act (CPIA) 1996. Because we are seizing the material under that legislation we do not require the MoP’s consent to obtain it or process it. The processing of the data would be covered by Part 3 of the DPA 2018, Part 3 only applies to competent authorities processing for law enforcement purposes.

To rely on the consent of the individual to obtain/process personal data it is unlikely to comply with data protection act, this is because there are difficulties in achieving freely given, valid consent from individuals in an investigation, for example, due to a perceived power imbalance between police and the public.

When an officer seizes digital material from a member of the public via Axon Community request they will obtain what is known as a “continuity statement” from the person submitting it, this details where the submitter obtained that material and when. It also includes the below declaration.

This statement (consisting of * page(s) each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false, or do not believe to be true.

When consent is obtained (for material obtained outside of the CPIA requirement) it cannot be a blanket consent to process that data, the individual has to give their informed consent for each specified use of that personal data.

Q2 - Any existing practices or platforms utilised by the Met Police or other relevant stakeholders for managing consent in similar contexts.

The information you have requested is not held by the MPS.
There is no specific platform for managing consent requests.