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An image of an individual is personal data as the individual can be identified
from that picture - I do not think that there is any dispute on this fact. The
more interesting question is why the commissioner believes that if a customer
tells us the data and time when they were captured on a CCTV we have to provide
the image as part of a subject access request if it still exists. If the images
are stored on tapes by reference to data and time and not the individual then
surely it is not part of a relevant filing system and then falls outside the
act?
The same would apply to voice recordings unless they are stored in some way in
relation to the individual e.g associated with their bank account. If only done
in a random way based upon time they would not fall within a relevant filing
system
Regards
Ian G Dean
____________________Reply Separator____________________
Subject: [data-protection] Why are videos personal data?
Author: "Susan Graham (7915 3722)" <[log in to unmask]>
Date: 14/11/2002 11:16 AM
Please could someone explain why a video is personal data (assuming it is
not part of a 'relevant filing system')? Does the same principle apply to
audio cassettes?
Is it that pressing the play button on a video means that we are carrying
out automatic processing, 'in response to instructions given for that
purpose'? If so, do we need to notify the Information Commissioner if we
purchase commercially available videos and use them for training purposes?
Susan Graham.
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