In a message dated 30/05/2001 13:40:53 GMT Daylight Time, [log in to unmask]
writes:
<< But can you answer the question, what is the cost of doing so? You would
need some fancy recording/digitising kit, and would have to pick out the
parts of each frame to show to the subject. Perhaps the lawyers don't
understand that searching images is a shade harder than searching plain
text, and the fact it can be stored on a computer is largely irrelevant? >>
Answer:
Most organisations will hire in the equipment or contract out the work. What
lawyers understand (or not) is irrelevant in this argument. Digital editing
happens now and is fairly commonplace. Even Disney Studios don't do each
frame separately any more.
----
<>
Answer:
The law says what can be withheld. Everything else must be given.
---------------
<<Which shows the technology to fuzz out has to be manual, which requires
time and effort and equipment. >>
Answer:
Not true in all cases because not all footage will need editing. Where for
example a data subject and one of your officers are the only people on the
tape and the data subject has already seen the officer in the flesh, why
would you need to edit that employee out of the tape?
---------------------
<<Well, anyone could carry a sign saying "I am Mark Thomas"? Even if Thomas
said that he was carryign such a sign at such a time, I would expect the
controller should be confident that the person really is him before
realeasing any footage. If the picture quality is poor, that can't be done
with human or computer aid?>>
Answer:
If the picture quality is poor you may be in breach of other principles of
the DPA as well as failing to supply data in a subject access request. Other
people called Mark Thomas who are not famous comedians may have to provide
further proof such as date, time, a photo and any other evidence necessary to
support their claim to be a certain person. Remember that your demands for
proof must also be reasonable, you cannot impose impossible burdens on the
data subject.
---------
I suggest you read the CCTV code of practice issue by the OIC before you
install any such equipment and write your CCTV operations policy. If they
are already in place you might need to upgrade both very soon.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
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