In a message dated 06/03/2002 10:57:24 GMT Standard Time,
[log in to unmask] writes:
<< Quote (from ACPO) - "Material which features individuals whose identity is
unknown to the police is not currently regarded as 'personal data' under the
Act. Once the individuals are identified, the material becomes 'personal
data' and is subject to the provisions of the Act regarding disclosure". >>
---------
This is an incorrect interpretation. If information as to the identity of
the person is "likely to come into the possession of" the police then the
images already constitute personal data - why else would they ask for or be
given the tape if identification wasn't an intention?
If the disclosure of the tape is not a disclosure of the unknown individuals,
but the intention of releasing the tape to the press is for identification
purposes, surely the information is likely to come into their possession and
therefore it IS personal data.
Isn't it? Is it? Maybe I've misunderstood the definitions again. Wouldn't
they be better off relying on the crime exemptions to justify the disclosure?
Ian Buckland
MD
Keep IT Legal Ltd
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