In a message dated 14/11/2002 11:24:08 GMT Standard Time, [log in to unmask]
writes:
> 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?
----------
Let's split this question:
1) Does an ordinary (purchased) video contain personal data? and
2) Does a CCTV video tape contain personal data? and
3) Does it have to be notified?
And the answers:
1) Yes but we need not worry at all about using or showing these tapes as
there are exemptoins that cover videos produced for the special purposes
which would include most commercially available videos. NB there may be some
problems with videos that started off as CCTV tapes - see answer 2)
2) Yes, because the intention is that CCTV cameras are intended to store
information about individuals who have not necessarily consented to the
processing and unless they are committing crimes or doing something against
the public interest, no exemptions exist. It is also the intention that if
the individuals commit civil offences against the data controller or other
non-criminal acts, there is an intention that the controller will seek to
find the identity of the person.
In terms of subject access, imagine a police officer asks you for a copy of a
particular tape and they tell you the exact date and time of the incident,
would you be able to find it and supply it? If the answer is "yes" then that
is also the answer you would give to a data subject asking for a copy of it.
There would be no distinction between video and audio tape. If the
crime/legal exemptions do not apply you cannot refuse access.
3) Only if the processing is automatic - this can include indexed tapes
(where a counter number or date/time can be entered or selected from screen
displays) and most home videos already have this function. Many of the newer
CCTV systems have even more sophistication than that and are almost certainly
to be classed as automatic processing.
Even if the CCTV system is not auto processing it still has to comply with
the 8 Principles, including subject access, record retention, etc. You can
voluntarily notify the OIC of your CCTV system even if it qualifies for an
exemption, this will save you having to supply the registrable particulars to
everyone who requests them.
Ian B
PS Apologies for the length of answer.
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|