name and address
11th August 2012
RE: Subject Access Report / CCTV Footage / Further to my Complaint
Further to my visit this evening, I would like to raise yet a further complaint.
First of all, when I called up the Customer Services team today, I was requested to visit the store to make an accident report forinvestigation, as the store doors had closed on myself, resulting in bruising to the top of my arm on my right arm.
I spoke with the duty manager, and he refused to complete the accident book, as he "is not allowed to record an accident without witnesses". Now, I went into the store this evening to complete the accident book on the request of one of the managers in your customer service department. I would also like to point out that ALL allegations of injuries should also be noted in the accident book, and it is for the accident to be investigated to reduce accidents, and minimise risk. Completing an accident book by no means accepts liability for an accident. Even though I explained this to the duty manager this evening, he still refused to complete the accident book.
Now, I know the following is actually law: All companies with ten or more employees are required by law to have a work accident book. The work accident book must be used to record details of all accidents that take place on the employer’s premises. The book is used to record details of all accidents in the work place – from minor to major – which result in injuries. This includes accidents such as slips and trips, cut fingers, injuries caused by faulty office equipment and fork-lift truck accidents, to both employees and customers.
Details of the accident can be entered into the work accident book either by the injured party or by a colleague. All information in the work accident book must be kept confidential and it is for this reason that most work accident books are now made up of pull out/removable pages. Details of the date, name of the injured party, witnesses, full circumstances of the accident and resulting injuries must be entered into the accident book. Information in the work accident book is legally required to be stored safely for three years.
Even after showing the duty manager the bruising to my arm, (which can be seen on CCTV) he still refused to complete the book. Instead, he simply took my name, address and telephone number.
For this reason, I would request a copy of all CCTV images you hold of myself. Under the Data Protection Act 1998 I have the right to access images of yourself that may have been recorded by a CCTV camera system. This is because the Data Protection Act of 1998 means that organisations have to make any personal data available to you if you request it. This is known as a subject Access Report.
I am now filing a Subject Access Report with Tesco's for ALL information you hold about myself. Including the CCTV footage of myself at approximately 00:01 on the 10th August 2012. In addition to the CCTV footage from approximately 1:35AM onwards on the 11th August 2012. Whilst making this request, I also request a copy of all of the footage you can submit to myself from my vehicles on your property. My vehicle registration marks are xxxxxx a Silver Vauxhall Meriva (the vehicle I arrived to the store in on the 11th of August) and A Red Lexmoto Motorcycle with the Registration Mark xxxxx (the vehicle I arrived on to the store on 10th August 2012). Considering the vehicles are both owned and registered to myself, anything pertaining to them are considered, for the purposes of the DPA 1998 to be Data in Regards to myself.
The organisation must give me a copy of the CCTV footage within 40 days of you asking for it. I understand that I may be charged a fee of up to a maximum of £10 to help cover your costs in completing this SAR request.
Also, whilst on the SAR request that I am filing, I am not limiting the scope of the report to the CCTV footage.
Under the data protection act I am requesting a copy of all information you hold about myself, to be provided to myself. This includes all call recordings, call transcripts, account notes, buying patterns, trending research, purchase history ETC...
Please supply the information about me - I am entitled to make such a request under the Data Protection Act 1998 - relating to myself and my account(s).
Please would you also tell me the logic involved in any automated decisions you have made about me.
If you need any more information from me, so as to allow you to perform this subject access report, please let me know as soon as possible. Also, if you do not normally deal with these requests, please pass this letter to your Data Controller or another appropriate officer within your organisation.
I am sure that I do not need to remind you that the act covers both facts and opinions about myself as an individual, as well as information regarding the intentions of your organisation towards myself. The request should therefore cover any internal/external memos, emails, faxes and any other correspondence or readily accessible data held on computer by your organisation which could be classified as 'personal data', in addition to any available boxed paper files.
Also with the subject access report, i would also like the following: a copy of the information in permanent form; an explanation of any technical or complicated terms; any information the organisation has about where they got my information from; a description of the information, the purposes for processing the information and who the organisation is sharing the information with; and the logic involved in any automated decisions.
So as to aid you in finding the information requested here is a little bit of information to aid you. This information can also be used to verify my identification, as you have an ongoing business relationship with myself, at my current address.
My Tesco Clubcard number is: xxxxxxxxxxxxxxx
My Tesco Clubcard Credit card account number is: xxxxxxxxxxxxxxxxx
Both of these accounts are held in my address as detailed above, and said address has always been your prefered method to communicate my personal business.
I also authorise you to take up to the £10 fee for the SAR from this credit card should your organisation wish to do so. If alternative funding is required then I urge you to get in touch with myself as soon as possibleas I will expect you to confirm such, as with any further information. I will expect a complete report to be on my doormat by 19th September 2012 (being 40 days from the date of reciept by yourselves - and this is being sent via Email so is being recieved on 11th August 2012.
I am a male of about 5 foot 11 inches in height. When I arrived at your store on 10th August, I arrived at approximately midnight, on a Red Lexmoto motorcycle with the registration mark xxxxxxx. I was wearing a Silver/Grey helmet, Black coat with blue detailing, black jeans, and black boots with silver and blue detailing. I was also wearing glasses. I parked by motorcycle next to a white Honda CB1000R near to the the Cash machines on the right of the lobby (this should aid you in finding my arrival, as you simply need to find my motorcycle parked between the trolly bay and cash machines.
When I arrived at your store on 11th August, I arrived at approximately 01:35 am, in a silver Vauxhall Meriva with the registration mark xxxxxxx. I was wearing a grey T-Shirt, Black jeans and black shoes. I was still approximately 5' 11". I am of very large build, and was wearing glasses.
I parked my car next to the trolly bay in the behind the store by the parent and child bays. Coincidently, a large number of staff members appear to be parking their vehicles in said parent and child bays... Does this not contradict Tesco policy of Parent and Child bays being reserved for parking cars for the use of PARENT'S WITH THEIR CHILDREN.
Considering that you hold information about dates and times of my purchases on my clubcard account, It would also conclude that you can pinpoint all of the visits I have infact made to your store. I would also request, using this information you have on my Clubcard Account to recieve a copy of all available CCTV footage you hold of myself, and my children. Limiting the footage to that within the Stratford upon Avon store on the Birmingham Road.
I also noticed that the security guard on duty this evening, (the same as yesterday evening) was wearing an Identification Card from Total Security Services, yet STILL did not display an SIA license.
I asked him again where is license was, and he stated that it is not my right to see his license, and that he only has to produce it to an inspector on an inspection.
Now, the information on the SIA website contridicts his information...
https://www.sia.homeoffice.gov.uk/Pages/licensing-conditions.aspx
Front line staff must:
•Wear the licence where it can be seen at all times when engaging in designated licensable activity unless you have reported it lost or stolen, or it is in our possession.*
•Tell us and the police in writing as soon as practicable if your licence is lost or stolen.
•Tell us in writing as soon as practicable of any convictions, cautions or warnings, or charges for relevant offences whether committed in the UK or abroad.
•Tell us in writing of any changes to your name or address as soon as practicable.
•Not deface or change the licence in any way (should your licence become damaged, you should advise us and request a replacement).
•Not wear a licence that has been defaced or altered in any way.
•Produce the licence for inspection on the request of any constable, any member or employee of the SIA or other person authorised by the SIA.
•Return the licence to us as soon as practicable if you are asked to do so.
•Tell us in writing as soon as practicable of any change to your right to remain or work in the UK.
Now my complaint about this man, is he is a very rude individual. Although I understand that he is not directly employed by Tesco's, he is still a representative of your company, and should therefore behave in a manner suited to your organisation.
When I was leaving your store this evening the security guard followed me out, and immediately light a cigarette right next to the doors. I pointed out to him, that under current UK legislation he should move AWAY from the door, and could not smoke in the doorway. He then began to argue with myself that I did not know the law, and that he comes from Africa and can still teach me the law.
As I approached my car this evening, the security guard also had the audacity to say something along the lines of "Its a shame you wasn't outside last night when I came out" to which I turned round, and told him to repeat what he just said, with the line "What did you say? Say what you just said about going outside again, if you've got the balls to". At this point the duty manager approached to calm the situation. However, again, the manner in which this security guard spoke to me YET AGAIN I find disgusting. I feel that the man was actually THREATENING ME with voilence when he used those words. However, he didn't dare repeat the same statement again once I approached him and challenged him to repeat himself.
Now, I would like to point out the following:
What are the penalties for not complying with the law in relation to the smoking ban?
There are 3 offences:
- Failing to prevent smoking for which there is a fine up to £2500
- Smoking in a smoke free place – fine of up to £200 or a fixed penalty notice of £50 (discounted to £30 for early payment)
- Failing to display the no smoking signs - fine up to £1000 or fixed penalty notice of £200 (discounted to £150 for early payment)
I find it disgusting that members of staff smoke next to the trolly park. Members of the public have to walk through a cloud of cigarette smoke to get to their cars. Even more so considering the parent and child bays are actually located around the corner to this trolly park. So children also have no choice but to walk through the said cloud of smoke.
I would expect a response to this email as soon as possible.
I have included a copy of my previous complaint for your convenience below...
Your's
Mr Wayne
Help & FAQs
Search BCF
Members
Groups
Events Calendar
rating
rating