The one where I perceive some difficulties is maintaining the security and
restricting the use to the Historical research purpose.
Ian W
-----Original Message-----
From: Dave Wyatt [mailto:[log in to unmask]]
Sent: 13 March 2002 01:27
To: Ian Welton
Cc: Mailbase
Subject: RE: Taped interviews
Good point Ian.
Hadn't cross checked to Sch 8 transition in my observation. If the taped
data (eligible automated data?)discussed is only for 'historical research'
then section Sch 8 part IV 17(1) appears to come into play. On a quick check
this appears to give a first principle exemption for
a) Processing condition (Sch 8 17(1))
b) FON section of Sch1 Part II para 2 - Identity of controller, purpose and
disclosures.
Subject access still appears to be permitted (Sch 8 PartIV section 17(3b))
as does application of security principle (7) and outside of EEA transfers.
(Principle 8).
Wonder how disclosures would be judged as valid against appropriate
security? Anyone want to take a shot at plain english on Sch 8 part IV
Section 18?
I believe there were discusions on defining what is 'historical' research.
Does not appear defined in the Act unless I have missed it. Where doubt
exists best course of action would be to attempt to get an OIC confirmation
that accepts the research as 'historical'
David Wyatt
-----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Ian Welton
> Sent: 13 March 2001 23:15
> To: [log in to unmask]
> Subject: Re: Taped interviews
>
>
> 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
> >
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