You and others may be interested in this recent response from the Information Commissioner's Office.
This was with respect to an enquiry on behalf of another driver who was refused the video under the Data Protection Act, despite a previous ruling on the same police force that they must provide the video under a DPA Subject Access Request.
Quote:
Dear Dr L,
Thank you for your enquiry, I appreciate your concern that the Police are not complying with their obligations. There are some issues around this topic that I should perhaps explain.
Under the speeding enforcement rules a person is entitled to specific extracts of the photographic evidence to allow them to review the evidence against them. This is the standard photographic material routinely provided by the enforcement offices. This information is provided under rules outside of Data Protection.
The accused is not entitled to make any subject access request until they have clearly admitted / confirmed that they are the person the evidence relates to. Prior to admitting to being the driver of the vehicle in question, a person cannot make a subject access request for any information relating to the incident. The subject access request would not be valid until the applicant's identity and whether the images are the applicant's personal data has been confirmed beyond doubt by the data controller.
The person is entitled to make a subject access request at any time, I note that the force refer to having provided a subject access form with their letter, normal force procedures will require a subject access form to be completed prior to the subject access request being valid.
Until the driver completes the form and returns it to Police - with any required confirmation of identity, as well as the appropriate fee (understood to be £10) – their request for information is unlikely to form a valid subject access request.
The law specifies that subject access requests are not valid until confirmation of identity and any required fee have been received by the data controller (of the police). The subject access request is then likely to be considered by the Data Protection department within the Police as appropriate. It is not possible for a person to make a subject access request for the information regarding the incident, and then seek to defend the charge by way of denying that they were the driver involved.
Yours sincerely,
Information Commissioner's Office,
Casework and Advice Officer
Contact the police and tell them you wish to make a "Subject Access Request" for the video under the Data Protection Act and ask them for the necessary forms for this. They are required to provide the video clip containing your vehicle if you have accepted you were the driver. If they still will not comply then report back.