Phone Video Footage

Question

I'm in the UK and having a problems with my neighbour. They recorded an incident on their phone and have sent it to my landlord. I have asked the landlord for a copy of the footage as I believe it may have been tampered with, they said that they asked the neighbour if they could send me a copy but the has denied access to a copy; my question is can I make a SAR to the landlord to provide me with a copy?

Answer 1

Can I make a SAR to the landlord to provide me with a copy?

Yes, you can. The Information Commisioner's Office says:

The UK GDPR does not set out formal requirements for a valid request. Therefore, an individual can make a SAR verbally or in writing, including by social media. They can make it to any part of your organisation and they do not have to direct it to a specific person or contact point.

A request does not have to include the phrases 'subject access request', ‘right of access’ or ‘Article 15 of the UK GDPR’. It just needs to be clear that the individual is asking for their own personal data. Indeed, a request may be a valid SAR even if it refers to other legislation, such as the Freedom of Information Act 2000 (FOIA) or the Freedom of Information (Scotland) Act 2002 (FOISA).

Is the video footage considered to be "Personal data"?

The Information Commisioner's Office also says

What is personal information: a guide

If it is possible to identify an individual directly from the information you are processing, then that information may be personal data.

etc.

Data Privacy Manager says

“Any form of surveillance is an intrusion on the fundamental rights to the protection of personal data and to the right to privacy. It must be provided for by law and be necessary and proportionate.”
. . .
Whenever the footage or a picture of an individual is captured through the CCTV, that may be used to identify that person (directly or indirectly) it is considered to be personal data.