On 14 November 2002 at 16:53 Susan Graham said
"It is not sufficient for a video simply to contain
information which can identify the individual - the information first has to
meet one of the definitions of data."
If nothing else catches it:-
DPA 1998 section 1 (1)
"data"......(c) ......... of a relevant filing system, is recorded
information held by a public authority and does not fall within any
paragraphs (a) to (d).
"personal data" .... relate to a living individual who can be identified....
from those data and any other information.... or is likely to come into the
possession of the data controller.
In my opinion those definitions seems sufficiently extensive to catch almost
any data about living individuals.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Susan Graham (7915
3722)
Sent: 14 November 2002 16:53
To: [log in to unmask]
Subject: Re: FW: Why are videos personal data?
Can people actually sell their rights under the DPA? Even if someone agrees
to the use of personal data about them, that does not remove the need to
notify. I'd also be very surprised if actors' contracts include clauses
waiving their right to make subject access requests.
But no-one has yet answered my question as to why a video/cassette/film is
personal data. It is not sufficient for a video simply to contain
information which can identify the individual - the information first has to
meet one of the definitions of data. (The Freedom of Information Act
amendments in this area do not apply until 2005). The Act provides 4
definitions of 'data' and I cannot see which of these a video falls into,
unless it is part of a relevant filing system, or that pressing a play
button constitutes automatic operation in response to instructions given for
that purpose.
Susan Graham
-----Original Message-----
From: Charles Christacopoulos [mailto:[log in to unmask]]
Sent: 14 Nov 2002 12:33
To: [log in to unmask]
Subject: Re: FW: Why are videos personal data?
** Reply to note from "Gill Walker (Gillian A)" <[log in to unmask]>
Thu, 14 Nov 2002 12:14:09 -0000
> Related to Susan Graham's query - do film producers carry out
> 'processing' of personal data by filming and editing images of actors?
> And is storage of the final product (on an editing suite and on film,
> video, DVD etc) considered storage on a relevant filing system since the
> actors' identities can be ascertained from the credits?
Hi,
Actors, models etc sell their image and their rights to it in a given
production.
Regards
Charles
==============================================
Charles Christacopoulos, Management Information Officer,
Planning & Information, University of Dundee, Dundee, DD1 4HN,
Scotland, United Kingdom. Tel: 44(0)1382-344891. Fax: 44(0)1382-201604.
http://www.somis.dundee.ac.uk/
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