Thinking this through, the photo should surely be dealt with in the same way
as CCTV footage would in the 'detection or prevention of crime'. The only
problem I can see is that unlike CCTV cameras which must have signage to
alert people to the fact they are being filmed, the photo was not taken in a
similar way.
But even without the equivalent of CCTV footage signage, there should be no
problem with handing the photo over surely? It would be like finding a
hair/other bodily fluid at a crime scene and using it in evidence???
-----Original Message-----
From: Candy, Roy - Data Protection Officer [mailto:[log in to unmask]]
Sent: 06 January 2004 11:51
To: [log in to unmask]
Subject: DPA to blaim again
My view would be that having gathered the data, i.e. the photographs, the
camera should have been handed over to the police who have the power to
pursue the investigation. Unfortunately the man in his emotional state tried
to do their work without having such power. In the British Gas case I
cannot see why the condition in Scedule 2, "vital interests of the data
subject" could not cover a call to social services.
Roy Candy - Data Protection Officer
Northampton General Hospital NHS Trust (01604 545885)
Northampton General Hospital NHS Trust
Cliftonville, Northampton NN1 5BD
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