Your opinion is correct - it is one of the data principals that data is NOT
held indefinitely. In this instance it is very hard to see how holding your
photo for more than the rental period of the vehicle could be justified.
Once the vehicle is returned intact what possible reason could there be -
given that they have your driving license details and your credit card. If
the vehicle is involved in any illegal activity, then that is a matter for
the police and it is NOT the job of the rental company to hold data simply
because it might at some point in the future help with a prosecution where
the identity of the hirer is in question. I worked for a car hire company
for three years and there was NEVER a single incidence of such a need.
Tim Beadle
-----Original Message-----
From: Trent,Tim [mailto:[log in to unmask]]
Sent: 29 November 2001 09:34
To: [log in to unmask]
Subject: Re: Car hire issue...
As is your right under the DP Act, ask them to delete any part of your data
which is not held for the purpose of fulfilling a contract with you. Keep a
formal log of the process and tell us what happens.
IMO it is NOT legal to store ANY data indefinitely.
-----Original Message-----
From: Duncan Langford [mailto:[log in to unmask]]
Sent: 28 November 2001 16:25
To: [log in to unmask]
Subject: Re: Car hire issue...
At 4:18 pm +0000 on 28/11/01, "Beadle, Tim"
<[log in to unmask]> wrote :
>This is true, but isn't this entire discussion a "red herring"? If the data
>is simply stored on videotape it is, to all intents and purposes NOT a
>database and is certainly NOT searchable as there is no structure related
to
>the personal data (the image). A time/date stamp would not make it
>searchable UNLESS there was a separate database that contained that
>information AND linked it to the individual. Therefore it does NOT fall
>under the ambit of the DPA - whatever Ms France may choose to say on the
>subject - any more than a random sheaf of papers on my desk does. It is
only
>IF the data is organised in a way that makes the PERSONAL data searchable
>either directly or indirectly that it falls under the ambit of the DPA - or
>am I missing something?
You're missing something!
No one mentioned videotape. The personal image/s are stored in
digital form on a computer, and hence can be (and indeed, must be!)
indexed. The personal data involved in renting a van is stored
electronically along with the digitised photograph... which makes it
personal data?
However, despite helpful comments, I'm still somewhat unclear whether
it's a) OK when renting a van to take my photograph without my
permission and b) having done so, to then store the photograph in
digital form without time limit...
- duncan
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Dr Duncan Langford Computing Laboratory, University of Kent at Canterbury
UK
Practical Computer Ethics:McGrawHill Business Computer
Ethics:AddisonWesley
'Internet Ethics' - MacMillan Press (UK) and St Martins Press (USA)
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