I agree - whatever rights one might believe that the employee is entitled to
(moral? ethical?), they are not contained in the Data Protection Act. The
family concerned are not data controllers, and unless the DPA is to be
extended to the private citizen's activities, and we can all make subject
access requests to see the contents of photo albums, Christmas card lists
and private diaries, I think the answer is that there are no DP issues.
There could well be other issues for the employees, and this (perfectly
legal) use of a camera may put the employer in a position where they have to
consider whether they can continue to offer services to this person, but the
Data Protection Act doesn't come into it. There may be health and safety,
even harassment issues to consider, but DPA isn't the one.
If a person wanted to stand outside a public building filming the employees
of a Government Department, they would probably be moved on, but not for a
breach of the DPA.
Tim Turner
Wigan Council
> ----------
> From: Lewis, Chris G.[SMTP:[log in to unmask]]
> Reply To: Lewis, Chris G.
> Sent: 20 June 2005 12:19
> To: [log in to unmask]
> Subject: Re: [data-protection] Recording of Care visits
>
> I don't think the employer comes into it - they are not making the
> recording, nor instigating it. Any DPA rights that the SSD employees have
> in relation to the recording of themselves at a user's home are between
> them and the user's relatives making the recordings - it is up to the
> relatives/user to ensure that the SSD visitors are notified of the
> recording, and it is to them that the SSD visitors would make SARs and
> suchlike.
>
> Whether or not the relatives may use the recordings in an industrial
> tribunal or just to highlight misconduct to the employer does not make the
> employer in any way responsible for the recordings - they have not
> commissioned them, so where under the DPA could they be seen to be a data
> controller in respect of the recording?
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues on
> behalf of [log in to unmask]
> Sent: Mon 20/06/2005 11:57
> To: [log in to unmask]
> Cc:
> Subject: Re: [data-protection] Recording of Care visits
>
>
>
> In a message dated 20/06/05 10:44:15 GMT Daylight Time,
> [log in to unmask]
> writes:
>
> > But the organisation isn't monitoring the workplace and the Social
>
> > Services employees don't have any access rights under the DPA -
> the
> > workplace monitoring guidance is irrelevant !
>
> --------
> But the relatives may want to bring to the employer's attention any
> breach of
> contract, protocol, terms of employment, etc. Are we saying the
> evidence
> would not be acceptable in an industrial tribunal? Or that the
> validity of it is
> questionable?
>
> Unless of course we are saying that the relatives have been advised
> the
> recordings cannot be used for any purpose other than private and
> personal, such as
> the well-being of the individual.
>
> Even so, are we really saying that an employee, instructed to attend
> a
> particular address, caught on camera picking their nose (or worse)
> has no rights
> over the images? Surely they have a right to know about the
> recording, a right
> to a copy of it and other rights under s6 and s10. Or is my common
> sense
> deserting me?
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above does not replace or negate
> the need
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