CCTV Automatic Contravention Detection

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Dear Information Commissioner’s Office,

Some authorities use the Zengrab automatic contravention detection system to enforce bus lanes. This system has an intelligent data processing module which overlays the word Contravention on CCTV images of motorists vehicles which are then used as evidence in support of Penalty Charge Notices even though at the time of data capture it is not known whether a Contravention has actually taken place (a high percentage of penalty charge notices are cancelled following successful appeals). The Penalty Charge Notice correctly describes the incident as an alleged Contravention however the CCTV images referred to above do not make this important distinction.

1. Are you aware of these systems and do you condone this practice?

2. Does this practice contravene the Data Protection Act and its principles eg personal data shall be processed fairly and lawfully? The presumption of innocence principle is not being adhered to and therefore the practice appears to be unfair if not unlawful. The images should either state 'alleged contravention' or make no comment on the case if they are to be used in evidence.

Yours faithfully,

Charles Dawson

AccessICOinformation, Information Commissioner's Office

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

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AccessICOinformation, Information Commissioner's Office

Dear Mr Dawson

Thank you for contacting the Information Commissioner's Office (ICO) through the whatdotheyknow.com (WDTK) website.

The WDTK website was created to help people request information from public authorities under the Freedom of Information Act (FoIA) and the Environmental Information Regulations (EIRs).

The ICO is the regulator responsible for overseeing information rights legislation. We are also subject to the legislation we oversee.

As a public authority we are subject to the FoIA and EIRs, so if people want to request information we might hold about our work as a public body, they can do this through WDTK.

The correspondence you have sent to us is not a request for information we might hold. It is a concern or complaint about the way organisations have complied with the legislation we oversee. We do deal with issues like this. However, we do not deal with this part of our work through the WDTK website.

Please visit the ICO website www.ico.org.uk for information about the legislation we oversee and advice on what to do if you are unhappy with the way an organisation has met its information rights obligations.

If you need to raise a complaint or concern with us you can do this by following the instructions on this page of our website - www.ico.org.uk/concerns.

Please also contact our helpline for any further advice on 0303 123 1113.

Please do not reply to this message through the WDTK website. We make no commitment to respond if you do.

Yours sincerely

The Information Commissioner's Office

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