Tim Turner on 20 June 2005 at 12:37 said:-
> 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.
I disagree. The application of the DPA 1998 would depend upon the
purpose(s) and type of processing undertaken in relation to the data at any
point during its lifespan, so some security of data issues would inherently
apply; otherwise the domestic purpose exemption would provide for domestic
processing to be used for other purposes whilst still retaining the
exemption, clearly nonsense.
> 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.
See above. Consider security at work, Dignity of the data subject. (If
bedridden is the camera really on all the time broadcasting the images
across the WWW for anybody who may be able to access them to see, or does
some privacy mechanism exist within the room.)
> 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.
Considering that only one webcam was mentioned, one is drawn towards the
conclusion that the data subject is immobile (possibly bedridden). If that
is so the main issue in question could well not be a DPA one but more if it
is acceptable/possible for a person to completely forgo all rights to
privacy. (Where even all of their reading would be public knowledge and open
to public debate and opinion!)
If it is then privacy would seem to be nothing more than an optional extra,
if not, either the full information is not available or something is wrong.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Tim Turner
> Sent: 20 June 2005 12:37
> To: [log in to unmask]
> Subject: Re: Recording of Care visits
>
>
> 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
> >
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