In a message dated 11/10/2001 09:10:12 GMT Daylight Time, [log in to unmask] (alan
gardiner) writes:
<< Others may take the view that 'personal data' is more narrowly construed
and relates only to those positively identified, i.e you know who they are
and where to find them. Only the courts can decide, anybody willing to be a
guinea-pig? >>
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Why do you say only the courts can decide? Surely if the OIC issues you an
enforcement notice, with the threat of sanctions, you would comply - wouldn't
you?
Many councils (and others who have CCTV in place) have not yet got round to
putting warning signs up showing the identity of the data controller and the
purpose(s) for which the images will be used. Some have not yet included the
purpose(s) on their notification entry.
Many millions of pounds are being spent on the systems, often without taking
into consideration the DPA implications. In some cases, for very little
extra money (in the grand scheme of things) you can opt for "fuzzing out"
facilities to help with subject access requests, yet very few controllers see
this as a worthwhile extra. They would rather spend the money on a couple of
extra cameras.
Educational establishments and employers who install cameras "positively
identify" their own staff, contractors, known trouble-makers, and so on.
Therefore it IS personal data - even if some of the people cannot be
identified until you ask the police or someone else.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
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