Hi all
I've watched this debate with interest and feel that advice I was given my
the OIC may be of use, the OIC agreed that for individual shots and
structured targeted small group shots consent should be obtained, or at
least individuals given the opportunity to leave the small group.
However for general shots of public places (e.g. Wolverhampton city centre)
the Commissioner's office saw no need for any specific action unless you are
particularly targeting individuals. They considered that the fact that
someone was in a particular place at the time the shot was taken was a fact
of life and as you are not specifically identifying the individual (or the
time/date the shot was taken) there is not a problem.
Of course, this is real "piece of string" advice. The consolation is that,
in the unlikely event that someone who appears in the background of a
general shot complains that their data has been processed without
permission, then they'll need to prove they are identifiable from the photo
and (if they're seeking real redress) that they have suffered "damage or
distress" because of this.
Not much comfort but a start.
Paul Couldrey
Data Protection Officer
Wolverhampton City Council
-----Original Message-----
From: J F Hitches [mailto:[log in to unmask]]
Sent: 17 October 2001 09:34
To: [log in to unmask]
Subject: Re: More on Photos and Data Protection
Charles Oppenheim wrote
> Presumably a photo revealing someone's medical history (a photo
> showing the person's disease racked body), sex life (leave that to
> your imagination), criminal convictions (the person in a prison)
> or political opinions (the person in a crowd in a demonstration)
> would always qualify as sensitive information?
But would it not depend where the photograph was taken?
If in a public place then the data subject is making the matter
public themselves by showing their turban, diseased racked body
etc.
John
J F Hitches
Data Protection Officer and
Information Security Officer
Kingston University
River House
53-57 High Street, Kingston upon Thames
Surrey, KT1 1LQ
Telephone/Fax: 020 8547 7768
E-mail: [log in to unmask]
The views expressed are those of the individual and
not necessarily those of the university.
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