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Freedom of information laws regarding CCTV

Advice on being filmed commiting a crime etc.

Toytown Germany > Discussion forum > Germany-wide > Legal
zaebos
I have been accused of a crime in Germany, and the store says that they have evidence on CCTV. I am positive this is false, as I have not commited anything wrong..., I just moved here and would not want to wreck anything for myself! Is there any sort of german freedom of information act or similar where I can legally request access to a copy of my footage? The store told me they checked with there lawyers and they did not have to.
chumbawumba
and the crime is?
Owain Glyndwr
*if* the case comes to court, yes, of course they have to show you the evidence prior to the court date to give you time to prepare your defence.
marie-claire
Shoplifting?
leky
Indecent exposure??
sarabyrd
As always, get a lawyer.
He will apply to the Public Prosecutor's office for the criminal file which should include the footage, or he will view it in the PP office.
ian
QUOTE (zaebos @ Sep 12 2008, 10:34 am) *
I have not commited anything wrong...,

I'd say you're guilty! Sieze him!
silty1
QUOTE (zaebos @ Sep 12 2008, 10:34 am) *
I have been accused of a crime in Germany, and the store says that they have evidence on CCTV. I am positive this is false, as I have not commited anything wrong..., I just moved here and would not want to wreck anything for myself! Is there any sort of german freedom of information act or similar where I can legally request access to a copy of my footage? The store told me they checked with there lawyers and they did not have to.

Did they catch you with unpaid goods on your person outside the store area? Then they have you. Anything else is bull, unless they're claiming that you vandalised the place or consumed their goods on the premises, like downed half-litre of booze in a supermarket or something.

So what's your story, anyway?
sarabyrd
The story has nothing to do with OP's right to view the video. Vultures, all of you! I bet you have picnics next to the Autobahn every weekend just to watch the car crashes.
zaebos
I had thread in my pocket that I had bought previously from karstadt, and took it out to find the same one as I needed to buy more. I did not shoplift anything, however they are saying that I did. They are saying that they have an eyewitness and video evidence, but are unwilling to show that evidence to me, and I want to know if it is in my right to view it. I am 100% innocent, so I am sure they are bluffing or similar.
sarabyrd
Do you still have the original thread? Does it have a lot number on it? Had it already been partially used? How much? Possibly your lawyer can prove that it was not their merchandise by comparing the lot numbers, or if it was 1/3 used and they cannot produce the missing bit their accusation falls flat. Do you have any other bits that you bought at the same time as the original thread, i.e. material, needles etc.?

Definitely get a lawyer and fight this. Then, when you've been proven innocent or when the store drops the charges turn around and hit them for damages for false accusation and mental suffering.

Tip: Next time, go to the information desk, show them whatever you're bringing in to match and ask for a sticker "Kundeneigentum" or other.
Rebecca
Get a lawyer - and find the items that you used the thread on.
Janx Spirit
QUOTE (sarabyrd @ Sep 15 2008, 9:05 am) *
The story has nothing to do with OP's right to view the video. Vultures, all of you! I bet you have picnics next to the Autobahn every weekend just to watch the car crashes.

Yup, and we always have a handy pile of stones to throw at the Dutch cars if it's a slow day wink.gif
zaebos
Well The thread cost 60 cents, so I don't think they are taking it to court.

I don't have it anymore as they kept it, convinced it was stolen.

I have been banned from the store for one year..which is very inconvienant, and I am worried about it affecting my visa application. I would like to be able to go back to the store and not have anything negative on my record.
sarabyrd
Fight it, really. They have now stolen your rightfully purchased property. Oh, and inform the press of the court date.
MonksTown
You might want to fight it.

Walking into a store in pocession of a new item bought somehere else that that store also sells with out the receipt is a BAD move.
Keep receipts until you get the item home.

If it does happen, always tell a member of the shop staff you have X in your posession already and you are bringing it in.

The shop is bullshitting you of course, but you did leave yourself a bit wide open on this.
zaebos
But can I legally see this footage they apparantly have of me?
Small Town Boy
We don't know; you would need to seek legal advice, as you were told last week already.

It seems to me unlikely that the store will pursue this any further, given the value of the item. I assume that the one-year ban is the end of the matter – and I'd leave it at that if I were you. Or have you been told you are to be prosecuted?
sarabyrd
If they don't prosecute you may have to file a civil claim to get access to the footage. It is an investment, but if you win they carry your expenses. Then, as I said, you can turn the tables and get them from everything from false accusation to false imprisonment (when the detective took you to the office).
pog451
QUOTE (zaebos @ Sep 16 2008, 10:50 am) *
But can I legally see this footage they apparantly have of me?

If they dont prosecute, no. In fact the data security laws would probably force them to delete the footage if its not going to be used in court.

If I were you, and the shop isnt going to prosecute, I would leave it. Being banned from the place would be inconvenient but in 2 or 3 months time no-one will remember.

I would avoid going to court at all costs, because your story really does sound very dodgy and if you cant provide a receipt for the original piece of thread then you are very likely to be prosecuted and that certainly would affect your visa chances. It only needs one store detective to claim he saw you steal the thread and youre done - Its word against word but the store detective will be more believable.

Keep receipts is always a good idea.

andy M
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