Surveillance, or CCTV, footage can be useful in many situations. It can show exactly how an incident happened (like a motor vehicle accident), and can be crucial evidence in legal matters (like a claim for compensation).
Luckily, if you have an accident or injure yourself in a public place, there is a good chance that it was captured on video.
However, tracking down, accessing and protecting surveillance footage can be difficult. Footage is often erased after a very short time (sometimes after 20 days or less), meaning action needs to be taken quickly.
Finding surveillance footage
There are multiple persons who might hold surveillance footage. These include:
- Private property owners;
- Business owners;
- Local council;
- State government.
To narrow down who might have footage, follow the steps below.
1. Look around
Go to the scene of the incident and have a look for any cameras. Cameras can sometimes be hard to spot, but will help you figure out whether footage was taken.
Tip: Look towards traffic lights, sign posts, and store windows.
2. Think about where you were
Different bodies hold footage of different areas. Here are some clues about who might have captured your incident:
On a main street?
Some local councils hold footage of community areas, including some roads and footpaths.
Some State government departments hold footage of busy roads and intersections.
Near a park?
Some local councils hold footage of community areas, including parks and other places of recreation.
Some State government departments hold footage of public areas such as national parks and forests.
Near a store or business?
Many businesses now have CCTV cameras set up for security reasons. These cameras can capture areas near the entry of the store, and even some distance down the street.
Near a public facility?
Some State government departments hold footage of public facilities; such as places of education, libraries, and public hospitals. That footage might extend to car parks, and the perimeters of those facilities.
3. Ask
Asking nearby residents, businesses, council and/or State government departments can quickly help you find out who does and doesn’t hold footage.
Requesting surveillance footage
The way you request surveillance footage depends on who holds the footage.
Businesses
For businesses, a simple letter asking for footage is sufficient. It is best to include a brief explanation of why you want the footage, and the time and place that you want the footage to capture. It may be that a business does have surveillance footage, but it doesn’t capture the incident scene or doesn’t capture all times. For an example letter, click the button below.
Local council
Some local council websites will tell you how to request footage (such as this Brisbane City Council website). For example, in Brisbane there is an online request form for “CitySafe” footage of certain areas.
Sometimes, you will need to complete a “Right to Information and Information Privacy Access Application” form (such as this Queensland form). In this form, you should state that you believe the footage is held by the council. A fee is often payable to submit the form, and extra fees might apply for copying the footage.
State government
For State government, you will likely need to complete a “Right to Information and Information Privacy Access Application” form (such as this Queensland form). A fee is often payable to submit the form, and extra fees might apply for copying the footage.
Preserving surveillance footage
So you got the footage…
If you can act quickly and obtain a copy of surveillance footage, then it is up to you to protect that evidence. It is a good idea to make a backup (or two) of the footage so that it is not accidentally deleted.
So you didn’t get the footage…
Some bodies (especially local and State governments) are hesitant to hand over footage that might affect someone else’s privacy. For example, if someone else’s face is clearly shown in the footage, the government wants to protect that person’s privacy and might not allow you to see the footage.
Some bodies might be slow to answer your request for footage, creating the risk of the footage being erased.
If you are denied access to surveillance footage or you don’t think your request is being looked at in time, the next step is to ask the holder of the footage to protect the footage. This is best done with a telephone call (as it is fastest).
If you contact the business owner or government department, explain that you have made a request for footage, and explain that it may be important evidence in an incident causing injuries; they may agree to protect a copy of that footage. They might not provide that footage to you (especially if they previously denied you access to it), but it stops the footage from being permanently deleted.
This gives the holder time to process your request, or gives you time to rebut denied access.
Take home message
Remember:
- Think carefully about who might have footage;
- Act fast;
- Preserve the footage (even if you can’t access it)
If you have any trouble, or you need a little extra help, feel free to contact us. Our friendly team will assist in whatever way we can.
