In a message dated 08/12/03 08:45:18 GMT Standard Time,
[log in to unmask] writes:
> Do you recall whether that was simply "using without consent" as a
> judgement, or whether the sensitive nature of the data was incorporated into
> the judgement?
-------------
Following the argument logically, would that make a difference?
If I remember correctly, there were several elements to it but the basis of
the case was that consent had not been obtained - and I suspect if it had been
sought it would have been refused on the basis that the girl was not a
sufferer of that illness.
Can anyone remember more than me? Please?
To add my twopennyworth to the discussion, I think a photograph is personal
data in most circumstances that it is used in a public manner. Some people
(usually models) consent to their image being used in a public manner but the
majority of us do not. If a photograph was not capable of identifying an
individual, would model consent forms be needed at all?
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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