Brenda
I don't think there is an automatic prohibition under the DPA. It may
well be personal data if it identifies an individual, however the test
is would this result in unfairness under the First Data Protection
Principle?
Unless you know of specific reasons why this would be the case I would
say you can disclose the photo.
A few years ago David and Victoria Beckham managed to stop a newspaper
publishing pictures of their new home:
http://www.findarticles.com/p/articles/mi_qn4158/is_20010629/ai_n1439961
3
However I believe this case turned on the fact that the pictures were of
the internal property and also it was the home of "stars" which clearly
have commercial value as seen in the pages of Hello and OK (as well as
the case of Douglas and Zeta Jones v Hello).
There may be issues about RIPA if the photo was taken as part of a
"directed surveillance" operation on the property.
Where people are also in the pictures, the following guide and articles
below may assist:
http://www.actnow.org.uk/images.pdf
http://www.informationlaw.org.uk/USERIMAGES/photos.pdf
http://www.actnow.org.uk/privacy2.pdf
Regards
Ibrahim Hasan
Solicitor and Trainer
www.informationlaw.org.uk
Tel : 07808 079264
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 14 November 2006 12:44
To: [log in to unmask]
Subject: [data-protection] Photos of a property
Can anyone tell me whether photos of an individuals house taken from
within the boundaries of the property are covered by the data protection
act? Can we disclose them or not ?
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