I'm using logic rather than the law at present.
Logic tells me that an image is simply a representation of a person. Yet
that person cannot be identified from the image UNLESS additional data is
available [example, Crimewatch: "Who IS this robber?"]. The image per se
stores NO data which can identify an individual, although it IS obvious to a
person who KNOWS the individual (or obvious to face recognition software)
who the individual is.
If my NAME exists (for example) on the net, and you see "Tim Trent", this is
NOT data subject to the DP Act, because it does not identify me uniquely.
Were "John Smith" to appear it is "even less unique" (I do know there cannot
be grades of uniqueness). It is only when "Tim Trent" is linked with
another piece of data which identifies WHICH "Tim Trent" that logic says the
data is subject to the DP Act. The same holds good of a picture of me even
accompanied by my name.
The additional data in an image is PLACE and TIME. To me this is still
insufficient to identify an individual in all normal circumstances. A CCTV
camera pointing into my living room would be an exception.
So, have we wasted time in seeking to ensure that CCTV systems comply? My
answer is "NO". Simply because this is an opinion. And this opinion has no
worthwhile case law. YET. And, like each of you, my intent is that my
organisation is not going to be the test case.
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
> Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile
+44 (0)7710 126 618
Visit our home on the web: http://www.gartner.com
The opinions expressed in this message are my own, and may or may not
reflect those of my employer. They are expressed as a part of the
discussion on the JISCMail mailing list on data protection and for no
other purpose. They have no legal standing and are offered as part of
informed and informal discussion. They may NOT be attributed to
Gartner in any way.
-----Original Message-----
From: Peter Wilson [mailto:[log in to unmask]]
Sent: 10 October 2001 11:26
To: Trent,Tim; [log in to unmask]
Subject: Re: new topic: CCTV and surveillance
Tim,
Irrespective of our (DPO/CPO's) views on the matter. The OIC, under the
DPA98, has issued legally enforceable standards on the collection/processing
of images relating to individuals. See CCTV CoP on OIC Website. If YOU are
right - I've (and I suspect a lot of others) have wasted a lot of time in
ensuring CCTV compliance!
Peter
Peter Wilson
Data Protection Officer
University of Paisley
>>> "Trent,Tim" <[log in to unmask]> 10/10/01 08:16am >>>
While the list per se is not about surveillance, there are data protection
issues in the area of CCTV.
What is challenging my own mind at the moment is "Is a CCTV image 'data
capable of identifying an individual' as described by the DP Act, or must
something be combined with the image before the image and recording and
storage of that image is subject to this act?"
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
> Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile
+44 (0)7710 126 618
Visit our home on the web: http://www.gartner.com
The opinions expressed in this message are my own, and may or may not
reflect those of my employer. They are expressed as a part of the
discussion on the JISCMail mailing list on data protection and for no
other purpose. They have no legal standing and are offered as part of
informed and informal discussion. They may NOT be attributed to
Gartner in any way.
-----Original Message-----
From: [log in to unmask]
[mailto:[log in to unmask]]
Sent: 09 October 2001 20:40
To: [log in to unmask]
Subject: Re: new topic: CCTV and surveillance
** Reply to note from david smith <[log in to unmask]> Tue, 9 Oct
2001 18:51:49 +0100
> The areas I'm looking into at the moment are:
>
> Ethics and morals in surveillance
> The Global issues in surveillance
> History and background in surveillance
> The need for surveillance
> The physiology of surveillance
> The current legislation in surveillance
> Technical issues in surveillance
> The Legal issues in surveillance
> The future advances in surveillance
Are you on a fishing expedition for information for an essay ;-)
The list is not about surveilance but I have no doubt there will be some
list
somewhere :-) Ask the data protection question next.
Take care
Charles
==============================================
Charles Christacopoulos, Secretary's Office, University of Dundee,
Dundee DD1 4HN, Scotland, United Kingdom.
Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
http://www.somis.dundee.ac.uk/
Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
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