On Oct 25 2017 we brought you a blog post entitled “Criminal?” In brief it stated that the Folkestone Harbour Company Ltd (FHCL) had not signed up to the register of data controllers and were committing a criminal offence on a daily basis; and had been doing so for quite some time.
The fountain became a working feature of the harbour area on 25 June 2011
Now CCTV was being processed on this site from or soon after 25 June 2011, and as locals will know all to well, Fountain Square is where children play in the Fountain while parents watch on. Therefore it was legally necessary for Folkestone Harbour Company Limited, or any other company within the group to be registered, on the register of data controllers, as it was using CCTV to process images.
Now under the old Data Protection Act 1998 – now superseded with the DPA 2018, and GDPR but inherently much the same – one of the principles of the DPA is to ensure that CCTV is operated fairly and lawfully.However, the fact that FHCL was not signed up could well mean, according to the ICO, the processing of images via the CCTV cameras at the Harbour Arm and Fountain Square was not lawful for the periods Aug 2015 – 15th Nov 2017 and 25 June 2011 – 15th Nov 2017, respectively. Furthermore, it would have been necessary to undertake a privacy impact assessment which should have looked at the pressing need that the surveillance system was intended to address and whether its proposed use had a lawful basis and was justified, necessary and proportionate.
The CCTV Code of practice states: There must be as much transparency in the use of a surveillance camera system as possible, including a published contact point for access to information and complaints.
Now with regards to Fountain Square prior to the 16th Nov 2017 (When FHCL registered) there was no signage. Now according to Google Earth there was never any signage up until, on or after the 16th Nov 2017. (Image captured Aug 2016, sign on cabinet did not mention CCTV in use nor was there a published contact point for access to information and complaints. according to Google Earth images between June 25 2011 and 15th Nov 2017)
So we asked a representative of FHCL, Trevor “Ming the Merciless” Minter (pictured), Sir Roger’s right hand man
(2) The companies or land owner needed to comply with CCTV law as per the Data Protection Act 1998, how was it that this did not happen?
(The land also incorporated Fountain Square).His response was:
“In relation to CCTV in the areas, the relevant company is FHCL. It registered as a “data controller” on 16 November 2017 and appears on the Data Protection Register. Of course, FHCL seeks at all times to comply with its legal obligations. It applied to register as soon as it became aware of registration requirements contained in the Data Protection Act 1998.”
So FHCL did not become aware of its legal obligations for a period of six years and four months. That is astonishing. So for this period, images of children and adults were being processed and FHCL was not aware of its legal obligations, that is truly amazing.
We have to ask why FHCL and the landowner Folkestone Harbour Nominee (1) Limited and Folkestone Harbour Nominee (2) Limited failed to register, especially as they or “the brand” would have had access to a serious legal team?
Furthermore, we ask why it was necessary to process CCTV images of children and adults when NOT complying with the legislation?
Now doubt you might have many more questions and if you do you can address them to
We make it clear that as of the 16th Nov 2017, FHCL has been legally compliant with the necessary legislation – the DPA 1998, DPA 2018 & GDPR, and has from the date above been processing CCTV images of children and adults in accordance with the law on all its land/property.
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