On Fri, 1 Dec 2006, Tim Trent wrote:
> I seem to recall that the UKIC has stated that a photograph truly IS
> personal data. Now I think that it is also sensitive personal data if so
> because it shows ethnicity, religion in some cases, health in others, etc.
Back when I first started getting involved in DP-like stuff, I'd always
maintained that surely an image of someone has to be personal data
(capable of identifying a living individual), and probably sensitive
personal data for the reasons you mention above.
I also seem to recall this was an unpopular opinion at the time; I could
never understand why!
Jethro.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Paul Ticher
> Sent: 01 December 2006 11:07
> To: [log in to unmask]
> Subject: Re: [data-protection] Photographs and DPA/Human Rights
>
> I guess a printed photograph on its own isn't personal data, because while
> it might contain identifiable living individuals - and even be "about" them
> (as required by Durant) in that the context provides additional information,
> it's not part of a structured set and therefore not a "relevant filing
> system". (A digital photo might be different, of course, although I've
> never seen any guidance as to whether a digital camera is "equipment
> operating automatically in response to instructions given for the purpose",
> or whether the photos only become data when they are copied to a computer.)
>
> If it's not personal data, then the DPA doesn't apply. Unless the
> organisations involved are public authorities, then the HRA doesn't directly
> apply. There may be a common law duty of confidentiality, but I'm not a
> lawyer, so I don't know.
>
> Given that these people were at an event, and therefore in the presence of a
> large number of witnesses, the fact that their presence was documented by a
> photo is pretty much immaterial. Anyone who was there could have shopped
> them verbally.
>
> The question is, though, whether any action taken by the employer would be
> fair, and for that you need the HR discussion list, not the DP one.
>
> Paul Ticher
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> I hereby require any recipient of this message not to use my personal data
> for direct marketing purposes.
>
>
> ----- Original Message -----
> From: "Peter Burgess" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Friday, December 01, 2006 9:52 AM
> Subject: Photographs and DPA/Human Rights
>
>
> Can anyone help me to resolve this issue?
>
>
>
> A photograph is taken with the informal consent of the person
> photographed at a social event (ie. they line up smiling etc). The event
> is neither on their employer's premises nor in their employer's time. It
> is not intrusive. The photo is then passed to the employer of the person
> photographed who wishes to use it in the context of a disciplinary. The
> person photographed objects to this use of the photograph.
>
>
>
> Are they protected in this situation under the DPA, the Human Rights
> Act, or neither? I have my own view but would welcome those of others.
>
>
>
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Jethro R Binks
Computing Officer, IT Services
University Of Strathclyde, Glasgow, UK
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