Hi All
Just to add to this ... I would have thought that there had to be some
method of determining why access was required either a legal document
(Summons) and you may be wishing to prove your innocence but I would have
thought that some reason would be sought. Otherwise, anyone could just go up
to a data controller - may be a suspecting husband/wife who are trying to
find out if their partner is having an affair, basically a fishing
expedition.
I may be wrong ....
Doreen
> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 31 May 2001 10:10
> To: [log in to unmask]
> Subject: Re: CCTV Advice
>
> In a message dated 31/05/2001 09:24:37 GMT Daylight Time,
> [log in to unmask] writes:
>
> << Now I'm confused I was of the opionion that if the images were clear
> enough
> 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?? >>
> --------
>
> Probably.
>
> There is nothing in the Act requiring the controller to ask why a data
> subject wants the data, and nothing requiring the data subject to tell
> them.
>
> If I were you, I'd stick to the "third party" rules as laid down, i.e seek
> consent unless it is not possible or necessary in the circumstances. It
> may
> be possible to leave the images in, even if the third party is a
> university
> employee who attacks a member of the public for submitting a subject
> access
> request.
>
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace
> or
> negate the need for proper legal advice and/or representation. It is
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> your
> solicitor. If you need further explanation of any points raised please
> contact Keep I.T. Legal Ltd at the address below:
>
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