PAul Couldrey wrote:
> On a related issue, a collegue of mine attended the IFSEC2001
> conference at the NEC lasweek, jon bamford from the commissioner's
> office was a guest speaker. Apparently he stated that it is not
> always neccessary to blur the faces of third parties even if they
> are identifiable, the thread of the argument was that the
> intention of the data subject is the pivitol issue of whether to
> blank third party faces, he gave the example of a person who just
> wants an image of themselves = no need to blank faces, as oppossed
> to a person who wants to identify everyone in the area at the time
> of an accident to contact possible witnesses = blank faces
> (identity of third parties being sought without consent). Now I'm
> confused I was of the opionion that if the images were c;ear
> enougfh that a person could be identitified then their image
> should be blurred etc to avoid a third party disclosure, the
> intention of the data subject being irrelevant, I can't find
> anything in section 7 of the ACt that requires the data controller
> to obtain information as to the intention for requesting subject
> access. Is this the new case? has jon bamford been misquoted??
The OIC Code of Practice says "8. The manager .... will need to
determine whether the images of third parties are held under a
duty of confidence. For example - It may be that members of the
public whose images have been recorded when they were in town
centres or streets have less expectation that their images are
held under a duty of confidence than individuals whose images
have been recorded in more private space such as the waiting room
of a doctor's surgery".
Notice the "may be" that makes the example totally unhelpful.
However, the implication of the example seems to support Jon
Bamford's view
John Hitches
John Hitches
Information Security Officer
and Data Protection Officer
Kingston University
Telephone 020 8547 7768
The views expressed are those of the individual and
not necessarily those of the university
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