Tony,
you are incorrect. The whole issue was about whether the data had been obtained unlawfully. If it had then the argument was that this breeched article 6 Human Rights. Right to a fair trial.
Lord Woolfe agreed that it had been obtained unlawfully but that in the interest of fairness he would allow it to be admitted. However to demonstrate that the courts could not condone any illegality he awarded the costs against the Universitry despite the fact that they had won the appeal. He further stated that he would reccommend to the High Court Judge regardless of the outcome of the case that those costs be awrded against the University.
Data Protection was not used in any of the arguments. Some time later at a dinner of the Society of Advanced Legal Studies I had the opportunity to discuss this case with Lord Woolfe. I asked him what his decision may have been if he had been made aware that. The investigator had not been instructed in accordance with the Data Protection Act thereby creating the legal relationship of Data Controller and Data Processor. That if that relationship had not been created and it had been successfully argued that the investigator was Data Controller and that despite the fact that the investigator had processed personal data other than the video by electronic means and had not notified the Information Commissioner..Strict liabilty offence...Criminal offence...would his decision have been different. He smiled and said .."it may have been". I asked him if I could quote him on that and he said yes. That is what I am doing now.
Chris Brogan
________________________________
From: This list is for those interested in Data Protection issues on behalf of Smith, Tony
Sent: Tue 22/02/2005 14:45
To: [log in to unmask]
Subject: Re: Videoing on private property
As far as I understand it, the Jones case centred around evidence that was obtained by people who had the owner's permission to be on the property (although they had obtained that permission fraudulently). Also, Jones had very little to do with whether the people obtaining the evidence were breaking any law, it was about whether the evidence they obtained could be used in a court or tribunal.
Tony
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Chris Brogan
Sent: 22 February 2005 14:06
To: [log in to unmask]
Subject: Re: Videoing on private property
Yes, the leading case on this is Jones v University of Warwick. Lord Woolfe was quite categorical in his judgement.
Chris Brogan
www.securitysi.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Jenny Sparling
Sent: 22 February 2005 14:00
To: [log in to unmask]
Subject: Videoing on private property
Hi All
Being relatively new to the world of data protection, I haven't previously contributed to the list, but have found the discussions very useful, so I am hoping you will be able to assist me with a query. Apologies if this has been discussed before!
If a private individual enters somebody else's private property without permission and takes video footage without permission of other living individuals on that property, is that private individual breaking the law?
Thanks for your help
Jenny Sparling
Data Protection Officer
Josiah Mason College
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