CCSR on 20 May 2004 at 17:17 said:-

> I wasn't trying to say that the use of DPA as a 'reason' was
> based on a correct interpretation of the law, or that banning 
> photography of this sort was rational (I did say "Myself, I 
> would have thought that compared to the danger of being 
> filmed/followed on the way to or from the school, the added 
> danger was pretty minimal"), but I do think it can be useful 
> to correctly identify the nature of the 'case' those on the 
> other side of an argument are making, rather than setting up 
> even more absurd straw men.

Like many DP matters the purpose is a defining matter.  

The school hold the concert for one purpose, the parents attend for another.
Legitimating DP rights exist for both those purposes.

Should copyright material be used in the concert, additional issues arise.

If a person is photographing/videoing for media or other commercial/business
purposes the relevant principles and issues need to be applied.

Paedophiles taking pictures for their own individual purposes could claim
the personal use exemption.  But processing for unlawful purposes would be
an issue.

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of CCSR
> Sent: 20 May 2004 17:17
> To: [log in to unmask]
> Subject: Re: DP and School Concerts
> 
> 
> I wasn't trying to say that the use of DPA as a 'reason' was 
> based on a correct interpretation of the law, or that banning 
> photography of this sort was rational (I did say "Myself, I 
> would have thought that compared to the danger of being 
> filmed/followed on the way to or from the school, the added 
> danger was pretty minimal"), but I do think it can be useful 
> to correctly identify the nature of the 'case' those on the 
> other side of an argument are making, rather than setting up 
> even more absurd straw men.
> 
> On Thu, 20 May 2004, Cashmore, Stuart wrote:
> 
> > I don't follow the logic of this at all.
> >
> > If you are able to get into the school and film/photograph 
> the child 
> > then you already know where he/she is and what they look like - so 
> > what are you protecting them from?
> >
> > Of course the argument may be that the photograph/film will 
> be passed 
> > on to a third-party to enable them to carry out the abduction on 
> > behalf of the aggrieved parent.
> 
> I think that is the argument.
> 
> > In this case then banning photography is not enough; the 
> police will 
> > have to be sent round to every estranged parent's home to seize any 
> > pictures they may already have, plus those held by grandparents, 
> > aunts, uncles...
> 
> In some cases, at least, the pictures available to the parent 
> without custody may be sufficiently out of date that 
> obtaining new photographs could help a third party identify 
> the child more accurately.
> 
> On Thu, 20 May 2004 [log in to unmask] wrote:
> 
> > We are trying to reach a decision based on what laws 
> legislation etc 
> > covers this activity. S36 of DPA exempts (amongst other things) 
> > parents videoing children, in whatever setting. It is therefore not 
> > relevant to the school, nursery whatever.
> 
> Would it exempt a private investigator/etc who is trying to 
> check with the aggrieved parent that they have located the 
> correct child?  (of course, it should be possible to find 
> other ways of preventing the private investigator/etc from 
> attending the school activity).
> 
> > All schools (especially nursery and pre school) have been 
> instructed 
> > by their LEAs that they have to take precautions to protect 
> Children. 
> > In the light of Climbie et al. It has absolutely nothing 
> whatsoever to 
> > do with DP. As DP professionals I am surprised at the number of you 
> > using the Act as an excuse not to do or to allow something.
> 
> There is a tendency to see the DPA as a 
> problem/obstacle/inconvenience, and thus like other objects 
> of disapproval, an attempt to blame it for everything it can 
> be plausibly blamed for.
> 
> 
> 
> Ben Fairweather
> 
> 
> N Ben Fairweather PhD,         Research Fellow | Tel:    +44 
> 116 207 8098
> Centre for Computing and Social Responsibility | Centre: +44 
> 116 250 6143
> De Montfort University                         | Fax:    +44 
> 116 207 8159
> The Gateway, LEICESTER, LE1 9BH, Great Britain |   
> www.ccsr.cse.dmu.ac.uk
> --------------------------------------------------------------
> -----------
> Editor,  Journal of Information, Communication & Ethics in 
> Society (ICES)
>                        www.troubador.co.uk/ices

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