How could I possibly blame you...!?
The Commissioner's Code doesn't restrict her example to instances where the
cctv scheme is for the prevention or detection of crime.
Your point, therefore, raises several interesting issues, such as:
- to what extent can reliance be placed on the Code if one suspects that the
Act places a greater duty than is specified in the Code
- to what extent must local authorities have specific statutory authority
for the use of cctv
- to what extent must signs give specification of the uses of the cctv
scheme. For instance, in a sports centre the purposes could be anything from
the usual prevention and detection of crime, etc through to the general
safety of users of certain facilities where the facilities are left
unattended (even through to assisting someone who has dropped some property
within the building!)
Just as an aside - are cctv images ever likely to be sensitive personal data
either by reference to the person's appearance or behaviour on screen?
You don't shoot messengers with questions?
David Logan
West Dunbartonshire Council.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 31 May 2001 15:32
To: [log in to unmask]; [log in to unmask]
Subject: Re: Re CCTV Footage
In a message dated 31/05/2001 12:18:46 GMT Daylight Time,
[log in to unmask] writes:
<< The Commissioner's Code, as I read it, doesn't require the signs used for
a
cctv scheme to make clear the purposes of the cctv scheme; at least where
the sign has an image of a camera. >>
-----
I disagree. The code clearly states:
"The signs should contain the following information:
a) Identity of the person or organisation responsible for the scheme.
b) The purposes of the scheme.
c) Details of whom to contact regarding the scheme.
(First Data Protection Principle)"
In the example given after that bit of the code, in relation to a sign using
an image of a camera ("This scheme is controlled by the Greentown Safety
Partnership. For further information contact 01234-567-890") the purpose is
obvious in the title of the organisation managing the scheme.
Other organisations such as local authorities have a number of statutory
duties, local responsibilities and they also undertake some commercial
activities. It would not be obvious from a picture of a camera and the name
of the council what the images are to be used for.
Can you imagine a council using stills from CCTV images of a town/city
centre
event to publicise the event? Oops, too late, it's already been done. Can
you imagine two people complaining because in the picture they appear to be
holding hands even though they are married - but not to each other? Oops,
too late, it's already been done.
Where the images are only to be used for crime detection and prevention
purposes (not disorder as this is a civil offence), and there is evidence of
such in the area, you may qualify for an exemption under the First
Principle.
Otherwise, the information to be provided, as the law says, is:
"(a) the identity of the data controller,
(b) if he has nominated a representative for the purposes of this Act, the
identity of that representative,
(c) the purpose or purposes for which the data are intended to be processed,
and
(d) any further information which is necessary, having regard to the
specific
circumstances in which the data are or are to be processed, to enable
processing in respect of the data subject to be fair."
Don't blame me, I'm only a messenger.
Ian Buckland
MD
Keep IT Legal Ltd
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