Ummm.... We have had a number of interesting discussions on this list in the
past with respect to the videoing of children and others at, for example,
school plays, nativity plays, etc. If I recall correctly we have
consistently come down in favour of the people involved having the
opportunity to withdraw so as to be able to protect their personal data, ie.
their image.
How would we now feel if a school headteacher argued that the children and
their parents had no such right as the video was exempt on grounds of
"literary or artistic expression"?
Stuart C
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 15 November 2002 14:40
To: [log in to unmask]
Subject: Re: FW: Why are videos personal data?
Hubert, Paul on 15 November 2002 at 14:23 said:-
"I don'tthink that the kind of material she was referring to would
meaningfully fall
under this definition"
Does the definition (and ability to claim an exemption) not rely on the
purpose the data is used for?
Considering the purpose does seem to break the circle.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Hubert, Paul [STU]
Sent: 15 November 2002 14:23
To: [log in to unmask]
Subject: Re: FW: Why are videos personal data?
"journalism or the purposes of literary or artistic expression"
Susan wrote about "commercial training videos ... or promotional videos". I
can see some nice arguments about how to place some videos, but I don't
think that the kind of material she was referring to would meaningfully fall
under this definition (if relevant, because my view is that many videos
wouldn't contain personal data - is 'Barry's Bad Data Day' personal data
about the actor who plays Barry?).
Paul
> -----Original Message-----
> From: Ian Welton [SMTP:[log in to unmask]]
> Sent: Friday, November 15, 2002 1:21 PM
> To: [log in to unmask]
> Subject: Re: FW: Why are videos personal data?
>
> Susan Graham on 15 November 2002 at 12:23 said:-
>
> "My question wasn't with regard to CCTV...... My question was with regard
> to
> other videos, eg commercial training videos we might use, or promotional
> videos..."
>
> You are quite correct regarding my misinterpretation on this question.
>
> Does the artistic exemption not apply (section 32)?
>
> Relating back to recital 17 of the directive:-
>
> (17) Whereas, as far as the processing of sound and image data carried out
> for purposes of journalism or the purposes of literary or artistic
> expression is concerned, in particular in the audiovisual field, the
> principles of the Directive are to apply in a restricted manner according
> to
> the provisions laid down in Article 9;
>
> Ian W
>
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