Not having looked at the historical research area before; How do the
Schedule 8 Part IV exemptions affect this type of material now?

Ian W

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Dave Wyatt
Sent: 12 March 2002 01:21
To: [log in to unmask]
Subject: Re: Taped interviews

Neil

Some observations

1: The interviewee should be warned about possible libel as the content they
give to you may be 'broadcast' (make available to public). As an
organisation you should protect yourselves by ensuring person providing
information is aware of any potential personal liability given your intended
uses. You control the capture and use even when they volunteer the
information.

2: From a DPA angle if from data in your possession or likely to come into
your possession you can identify 'Jimmy' referred to on the tape as a
'living individual' the Act applies.

This then means you have to notify 'Jimmy' to support compliance with fair
obtaining from a third party (the interviewee). See Sch 1 part II Section
2(b) - Data from a third party, unless you can find you can argue a
non-disclosure exemption. This term is defined in section 27 sub sections
1-4 in relation to its use with Part IV of the Act.

Section 33 Research, history and statistics which is in Part IV does not
appear to reference a non-disclosure exemption so it appears you have no
exemption from notifying data subjects of the Research and publishing use.
The only way or arguing exemption is that the Act does not apply to that
subset of data given to you in your capacity as a data controller as that
subset cannot identify a 'living individual'. All depends on total content
of data in the interview plus anyting else you know about 'Jimmy'.
Reference to 'Jimmy' only wouldn't be personal data as there a thousands of
Jimmy's in the UK.  Jimmy with one leg who works for Birds Eye in Fishergate
is more arguable as personal data (But there could be more than one and you
wouldn't know without checking).

Jimmy if alive could use either libel / defamation laws or DPA laws to seek
damages.

I would be interested in how others are interpretating whether Research,
History and Statistics permits exemption from first principle. If you are
obliged by statute to disclose to public then you do not have to notify uses
at collection simply meet the processing conditions(Section 34). Anyone have
examples of 'Research' which is required by statute?

David Wyatt


> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Neil Chadwick
> Sent: 11 March 2002 09:27
> To: [log in to unmask]
> Subject: Taped interviews
>
>
> One of our museums is running a project which involves videotaping
> interviews with local residents about their working life in the past.
> There are three possible uses for this, to preserve the recordings in the
> museum as a research/historical record, to make them available to the
> public and possibly to publish some on a web site.  Although the
> museum has
> ensured that the necessary consent has been obtained from the interviewee
> there is an issue with third party data.  For example the interviewee may
> give details of other workers or management (often quite derogatory in the
> latter case).  The museum staff have no way of tracing these third parties
> and are therefore concerned about further use of the video, especially if
> it were to be published on the internet.  In many cases editing out these
> sections would render the interview unusable.
>
> I would be interested to hear how HE readers have handled this for their
> research projects and if other local authorities have come across this in
> their museums.
>
> Neil
> _________________________
> Neil Chadwick
> Information Security Manager
> Stoke-on-Trent City Council
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>        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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^