CCTV Retention & Subject Access Requests: Scotland

How CCTV, retention and subject access work in Scotland

Landlords, letting agents and managing bodies that operate CCTV are data controllers when footage contains identifiable images of people. Controllers must have a lawful reason to record and must not keep footage longer than necessary; these principles come from data protection law supported by housing rules in Scotland.^[1] If you are a tenant and CCTV footage captures you, you can request your personal data by making a subject access request to the landlord or manager.

When tenants commonly request CCTV

• Evidence of harassment or unwanted entry affecting you or your household.
• Record of a landlord or contractor entry where you dispute notice was given.
• Proof of damage to your belongings or to communal property.

Making a clear written request helps. Use the words "subject access request" and say what footage you want (date, time, location or camera if known). The Information Commissioners Office explains how controllers should respond and the usual timescale (one month, sometimes extended for complex requests); controllers may ask you to confirm your identity before releasing footage.^[3]

Retention: how long is too long?

There is no single fixed number of days set in housing law; retention must be justified by purpose. For example, recordings kept for security that are never reviewed and not linked to a specific incident are difficult to justify for long periods. The ICO guidance says delete footage when it is no longer needed and keep a retention policy you can check.

Official forms and what to use (with examples)

• Subject Access Request (SAR) guidance and template (ICO) Use when you want copies of CCTV that include you; for example, email your landlord saying "This is a subject access request for footage of the communal stair at 10 Feb 2026, 18:30." Link: https://ico.org.uk/for-the-public/.
• Report a concern to the ICO (online complaint form) If a landlord refuses without lawful reason, use the ICOs report route; for example, submit the SAR and then use the complaint form if the controller fails to respond within one month. Link: https://ico.org.uk/concerns/.
• First-tier Tribunal (Housing and Property Chamber) application forms If attempts to resolve fail, you may apply to the tribunal for orders or remedies; for example, ask the tribunal to consider an order requiring disclosure or to remedy an unlawful interference with your tenancy. Link: https://housingandpropertychamber.scot/.

FAQ

Can my landlord refuse to give me CCTV footage?

Your landlord must follow data protection law. They can only refuse for limited reasons (for example, if releasing footage would disclose other people's personal data and cannot be redacted). If refused, ask for the reason in writing and consider complaining to the ICO or applying to the tribunal.^[3]

How long does a controller have to respond to a subject access request?

Generally one calendar month from the date of a valid request. That can be extended by two months for complex requests; controllers should tell you if they need more time and why.

What if the footage is deleted or missing?

If footage has been deleted before you requested it, ask for the retention policy and reasons for deletion. If you suspect unlawful deletion, note dates, preserve other evidence, and seek advice from the ICO or the Housing and Property Chamber.^[2]

How-To

1. Note the exact date, time and location of the incident and any visible camera identifiers.
2. Send a written subject access request to the data controller (landlord or managing agent) and keep a copy of the message and delivery receipt.
3. If you receive no response within one month, send a polite reminder and record the date you sent it.
4. If the controller refuses or withholds footage without a clear lawful reason, consider complaining to the ICO and prepare to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
5. Keep copies of all correspondence, take photographs of any damage, and list witnesses so you have a clear record if you need the tribunal or ICO.

Key Takeaways

• Tenants in Scotland can request CCTV footage that contains their personal data.
• Always keep dated records and copies of your SAR and any replies.
• If informal steps fail, the Housing and Property Chamber can consider applications or disputes.

Help and Support / Resources

• ICO: Information for the public on subject access requests
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Scottish Government: housing policy and guidance

1. [1] Private Housing (Tenancies) (Scotland) Act 2016
2. [2] First-tier Tribunal for Scotland (Housing and Property Chamber)
3. [3] Information Commissioners Office  guidance for the public