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HERFORUM  March 2003

HERFORUM March 2003

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Subject:

Re: FW: DP Act 1998 - Images of People Consent Forms

From:

Kev Beachus <[log in to unmask]>

Reply-To:

Issues related to Sites & Monuments Records <[log in to unmask]>

Date:

Thu, 27 Mar 2003 14:59:10 +0000

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text/plain

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Does this mean that all books over 2 years of age are to be destroyed? what about newspapers? or CCTV? or TV programmes at sports occasions.......

>>> <[log in to unmask]> 03/27/03 02:11pm >>>
I find it hard to believe that this can really be the intention of the Data Protection Act legislation, even if it is the result.  If it is, it could lead to destruction of an awful lot of archaeological photographic material, as Neil has pointed out.  It goes further, of course, throughout the whole of local authorities areas of work, as well as in the private and commercial world.  I've asked our Information Unit for a view on this and will post anything I get back.
The question of how it would be policed is another problem entirely.  Should we now expect the midnight knock on the door from the Transparency Squad.  Or are we to be locked up by the boys in black and white?  If true, then in the words of one of the Spitting Image characters "It's political correctness gone maaaaad."
Jim McNeil

-----Original Message-----
From: Neil Campling [mailto:[log in to unmask]] 
Sent: 27 March 2003 09:46
To: [log in to unmask] 
Subject: DP Act 1998 - Images of People Consent Forms


Dear All,

Sorry for any cross-postings, but I have been alerted to an issue which could have considerable bureaucratic consequences.  The issue is relevant to anybody who is taking photographic images of people for County Council business purposes, including images of archaeological work and sites. There are potentially wide ranging implications here and we all need to take the issue seriously.

It arises from the requirements of the Data Protection Act 1998.  Basically, written consent must be obtained for taking, storing and using photographs of groups or individuals as this can be deemed to be personal data. A consent form must be used by anyone commissioning or taking such photographs. This applies not only to formal photocalls, press releases, publicity events etc but also to photography in more informal situations if this is to be used for County Council purposes. Any personal images taken must only be used for a  period up to two years after which they must be destroyed.  Therefore, it is likely that all pictures of people on sites would need consent forms, and it is possible that photographs of diggers taken for public record / archive purposes would need to be destroyed two years after they were taken.

I would be grateful if some formal clarification could be obtained from the DP Registrar on this issue.  Let me know if I shouldn't be alarmed at this bonkers bureaucracy.

Cheers,
Neil






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