Perhaps this will show some guidance, TICO's guidance on photographs in
schools. It cold be argued that they are for personal use and therefore
fall outside the Act! (Lindqvist apart)
http://www.informationcommissioner.gov.uk/cms/DocumentUploads/Photograph
s%20in%20schools.pdf
Nic
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 02 December 2004 14:54
To: [log in to unmask]
Subject: Re: Data Protection & Camera Phones
Paul Ticher on 02 December 2004 at 14:31 said:-
My apologies for accidentally cross-posting.
>
>
> How can thinking about someone in the bath possibly come
> under the Data
> Protection Act? The Act only applies to information that is
> *recorded* ...
>
> Oh sorry, this thread isn't discussing the definition of
> personal data.
As with 'processing' all principles start with the interpretation of the
definitions in their application to the circumstances appertaining to
the
initial collection.
A puzzle to me with visual images is how to fairly apply the 'opt in' or
'opt out' provisions without prejudice during the collection process.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Paul Ticher
> Sent: 02 December 2004 14:31
> To: [log in to unmask]
> Subject: Re: Data Protection & Camera Phones
>
>
> How can thinking about someone in the bath possibly come
> under the Data
> Protection Act? The Act only applies to information that is
> *recorded* ...
>
> Oh sorry, this thread isn't discussing the definition of
> personal data.
>
> Paul Ticher
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> I hereby require any recipient of this message not to use my
> personal data
> for direct marketing purposes.
>
>
> ----- Original Message -----
> From: "Ian Welton" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, December 02, 2004 1:53 PM
> Subject: Re: Data Protection & Camera Phones
>
>
> Eldin Rammell on 02 December 2004 at 13:01 said:-
>
> > I'm sure there must be some legislation to protect against
> this > but I'm
> not so sure the Data Protection Act (DPA) can help here.
>
> Other than investigatory or survellience legislation I do not
> believe there
> is, and it possibly is not.
>
> > The DPA covers information which is "processed by means of
> > equipment operating automatically", "recorded with the
> intention > that it
> should be processed by means of such equipment",
> >" recorded as part of a relevant filing system" or "forms
> part of > an
> accessible record". An "accessible record" means (a) a health
> > record, (b)
> an educational record or (c) an accessible public
> > record as defined by Schedule 12. Since the photographs are
> not > health
> or educational records, let's look at Schedule 12. This
> > states that an "accessible public record" is any record
> which is > kept by
> a "specified authority" (these are primarily local
> > authorities). The photographs are not being kept by such an
> > authority so are not "accessible public records".
> Therefore, it > would
> appear that the photographs posted onto the websites do
> > not fall within the definition of "data" as defined within the
> > Act. Caveat: I'm not an expert on the DPA so if someone else
> > knows better, please do correct my conclusions!
>
> Those quotes only cover part of the definitions which identify what is
> captured by personal data intended for processing within the
> DPA1998. To
> paraphrase a verbal statement made by the previous Data Protection
> Commissioner - If you were sitting in a hot bath, thinking
> about another
> living individual, you would be within the definitions for processing
> personal data under the DPA1998, and whilst the act is not
> intended to be
> brought to bear on such processing, the definitions are wide
> enough to do
> so.
>
> > I think you might be better off referring to Article 8 of the
> > European Convention of Human Rights which confers a right to
> > personal privacy. There may well be other legislation that
> > speaks specifically to this issue and, importantly, is easier to >
> enforce!"
>
> The right to privacy conferred by the EUCHR itself has
> limitations. If some
> of the relevant EUCHR case law is reveiwed many of the same
> difficulties
> will be identified as illuminated by the EU data protection
> directive and
> the DPA1998 (which attempts to clarify the implementation of
> EUCHR article 8
> issues). Consequently the EUCHR guidance and principles are
> not necessarily
> as simple to directly apply to given situations. They are
> also far more
> expensive to progress in law.
>
> > I would be interested to hear viewpoints from individuals more
> > experienced with the DPA or with other legislation that may be
> > more pertinent here.
>
> Those views and perspectives would be obtained by submitting
> the question to
> the data-protection maillist. For instance, was there an
> establishment
> policy identifying cameras may be used in certain areas and
> for certain
> purposes, and was that policy known. Did the data subject
> give permission
> for the photograph(s) to be taken and if so for what purpose.
>
> There are many variations on the circumstances surrounding
> the taking of
> photographs or visual images which would directly affect the
> legitimacy of
> their obtaining and subsequent use.
>
> Ian W
>
> -----Original Message-----
> From: The UK Records Management mailing list
> [mailto:[log in to unmask]] On Behalf Of
> Eldin Rammell
> Sent: 02 December 2004 13:01
> To: [log in to unmask]
> Subject: Re: Data Protection & Camera Phones
>
>
>
> I also provided the following response directly to Laura:
>
>
>
> "Laura,
>
>
>
> I'm sure there must be some legislation to protect against
> this but I'm not
> so sure the Data Protection Act (DPA) can help here.
>
>
>
> The DPA covers information which is "processed by means of equipment
> operating automatically", "recorded with the intention that
> it should be
> processed by means of such equipment", "recorded as part of a relevant
> filing system" or "forms part of an accessible record". An "accessible
> record" means (a) a health record, (b) an educational record or (c) an
> accessible public record as defined by Schedule 12. Since the
> photographs
> are not health or educational records, let's look at Schedule 12. This
> states that an "accessible public record" is any record which
> is kept by a
> "specified authority" (these are primarily local authorities). The
> photographs are not being kept by such an authority so are
> not "accessible
> public records". Therefore, it would appear that the
> photographs posted onto
> the websites do not fall within the definition of "data" as
> defined within
> the Act. Caveat: I'm not an expert on the DPA so if someone else knows
> better, please do correct my conclusions!
>
>
>
> I think you might be better off referring to Article 8 of the European
> Convention of Human Rights which confers a right to personal
> privacy. There
> may well be other legislation that speaks specifically to
> this issue and,
> importantly, is easier to enforce!"
>
>
>
> I would be interested to hear viewpoints from individuals
> more experienced
> with the DPA or with other legislation that may be more
> pertinent here.
>
>
>
> Regards,
>
> Eldin.
>
>
>
> Rammell Consulting
>
> Organisational Effectiveness through
>
> Records & Information Management
>
>
>
> Mobile: 07940 859721
>
> Tel: 01304 381691
>
> Fax: 0870 762 3115
>
> Email: [log in to unmask]
>
> http://www.rammell.com <http://www.rammell.com/>
>
>
>
>
>
>
> _____
>
>
> From: The UK Records Management mailing list
> [mailto:[log in to unmask]] On Behalf Of Ian Welton
> Sent: 02 December 2004 12:27
> To: [log in to unmask]
> Subject: Re: Data Protection & Camera Phones
>
>
>
> Russell Laura on 01 December 2004 at 16:25 asked:-
>
>
>
> > I would be grateful for any input regarding the following.
> We have had
> some problems
> > recently with school children taking photographs of other
> children and
> posting these
> > images onto websites, often at great distress to the
> photographed child.
> The local
> > Education and Welfare Officer is subsequently looking to
> compose a letter
> to parents
> > aimed at banning the use of camera telephones in school and
> acting as
> justification for > their confiscation, to add weight to this
> she wanted to
> include a statement regarding
> > Data Protection - thus my involvement.
>
>
>
> > I would be grateful to hear from anyone else who has
> experienced similar
> issues.
>
>
>
> The DPA 1998 section 36 provides an exemption for personal, family, or
> household affairs. The purpose(reason) the pictures were
> originally taken
> and the purpose(reason) for any subsequent publishing on the
> WWW will both
> affect if that exemption may be claimed for either action.
> It would be
> worth speaking to the education or council DP officer as questions of
> personal data content may also be relevant.
>
>
> A fuller more comprehensive view would available from the
> [log in to unmask] list.
>
>
>
>
>
> Ian W
>
> -----Original Message-----
> From: The UK Records Management mailing list
> [mailto:[log in to unmask]] On Behalf Of
> Russell Laura
> Sent: 01 December 2004 16:25
> To: [log in to unmask]
> Subject: FW: Data Protection & Camera Phones
>
> Hello List,
>
> I would be grateful for any input regarding the following. We
> have had some
> problems recently with school children taking photographs of
> other children
> and posting these images onto websites, often at great distress to the
> photographed child. The local Education and Welfare Officer
> is subsequently
> looking to compose a letter to parents aimed at banning the
> use of camera
> telephones in school and acting as justification for their
> confiscation, to
> add weight to this she wanted to include a statement regarding Data
> Protection - thus my involvement.
>
> I would be grateful to hear from anyone else who has
> experienced similar
> issues. Please reply off list.
>
> Many thanks.
>
> Laura
>
> Laura Russell
> Peterborough City Council Records Manager
> [log in to unmask]
>
>
>
>
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