I had maintained once that a photograph was not personal data. But I
accepted that it was because of the "other information in the possession
of..." gotcha once I was reminded forcefully of it :). I cannot see, since
it is personal data, why it is not sensitive personal data.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jethro R Binks
Sent: 01 December 2006 11:28
To: [log in to unmask]
Subject: Re: [data-protection] Photographs and DPA/Human Rights
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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>
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Jethro R Binks
Computing Officer, IT Services
University Of Strathclyde, Glasgow, UK
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