You include an assumption that tapes are only retained for one month, why?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Chris Brogan
> Sent: 22 December 2004 15:22
> To: [log in to unmask]
> Subject: Re: SAR - Employee Recs
>
>
> Yes.
> For this scenario the controller is not a public authority.
> If the matter was taken to court or tribunal (FOI
> jurisdiction) more than 30 days would have elapsed so the
> controller would no longer have the images. This is a major
> area of concern for non public authorities who are being
> targeted by pressure groups and who receive regular requests
> for copies of tapes from law enforcement.
> Chris Brogan
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Ian Welton
> Sent: 22 December 2004 15:01
> To: [log in to unmask]
> Subject: Re: SAR - Employee Recs
>
>
> Chris Brogan on 22 December 2004 at 14:27 said:-
>
> > does this now mean that a SAR for cctv images that are stored
> > by tape can be rejected?
> > Would it be the same answer if it was stored digitally?
> > Does Durant's definition mean that cctv images are no longer
> > personal data unless the controller does something specific
> with them?
> > If it is not personal data then the police dont have to make
> > sect29 requests. The controller could just give them a copy
> > of the footage for 10-00am until 11-00am then the DP issues
> > if any become that of the police.
> > Can we exclude FOI at this stage of the discussion?
>
> Could you properly exclude considering the FOI exemptions in such a
> discussion.
>
> Ian W
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection
> > issues [mailto:[log in to unmask]] On Behalf Of
> > Chris Brogan
> > Sent: 22 December 2004 14:27
> > To: [log in to unmask]
> > Subject: Re: SAR - Employee Recs
> >
> >
> > Ian,
> > does this now mean that a SAR for cctv images that are stored
> > by tape can be rejected?
> > Would it be the same answer if it was stored digitally?
> > Does Durant's definition mean that cctv images are no longer
> > personal data unless the controller does something specific
> with them?
> > If it is not personal data then the police dont have to make
> > sect29 requests. The controller could just give them a copy
> > of the footage for 10-00am until 11-00am then the DP issues
> > if any become that of the police.
> > Can we exclude FOI at this stage of the discussion?
> > Chris Brogan
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of [log in to unmask]
> > Sent: 22 December 2004 13:45
> > To: [log in to unmask]
> > Subject: Re: SAR - Employee Recs
> >
> >
> > In a message dated 22/12/04 11:43:17 GMT Standard Time,
> > [log in to unmask] writes:
> >
> >
> > > I do not hear any employee representative organisation
> > voicing any qualms
> > > about the situation, so clearly that situation seems
> > acceptable so far, and
> > > privacy in the workplace may not be being seen as an issue.
> >
> > ----------
> >
> > I believe that neither the powers-that-be nor employees (and
> > reps) understand
> > exactly the situation that has arisen from the Durant case
> > and the exemption
> > from access to personnel files under FOI. There was
> > something of an overlap
> > period where the two restrictions passed by each other almost
> > unnoticed.
> >
> > What it effectively means is this:
> >
> > 1) If an employee asks for subject access to their personnel
> > data, they will
> > be entitled in law to recieve ONLY the stuff that is held
> on computer;
> >
> > 2) If there is also a manual file, it is unlikely to be
> > structured and is
> > therefore outside the scope of DPA. After Johnson, this
> > would also include data
> > that had been printed from a computer file but was no longer
> > held in computer
> > form;
> >
> > 3) The FOI specifically exempts personnel information from
> > the "unstructured
> > manual file" extension;
> >
> > 4) Managers and bosses generally can then hold any
> > information they like
> > about the employee, including unfounded allegations, without
> > ever having to reveal
> > them to the accused (sorry I mean employee);
> >
> > 5) They could put those allegations in a reference provided
> > the recipient
> > does not scan it and or computerise it in some way.
> >
> > Of course scrupulous employers would not do these things, but
> > IMHO it would
> > all be legal.
> >
> > Ian B
> >
> >
> > Ian Buckland
> > Managing Director
> > Keep IT Legal Ltd
> >
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> > negate the need
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