Not all photos are personal, though. (I bow out of the discussion on
whether they are data; it hurts my head.) Obviously they don't all have
people in them; even when they do the people might be too close to the
camera, or too far away, or only partly visible and therefore not
"identifiable". I know this wasn't an issue in the example given, but it
does make it extraordinarily hard to come up with clear, simple guidance.
How close up does a person have to be, for example, before there is an issue
about using a photo of the building they happen to be standing outside?
Secondly, if a photograph does reveal sensitive data, would it not come
under Schedule 3 para. 5: "The information contained in the personal data
has been made public as a result of steps deliberately taken by the data
subject."?
Thirdly, here's one I spotted a while ago, and still find instructive. I
wonder how many people going on the London Eye read any of the booking terms
and conditions, let alone get all the way to para. 16:
16. From time to time LEC or other authorised parties may carry out
photography and/or video recording and/or other monitoring on or in the
vicinity of the Eye, on a RCE, in County Hall or Jubilee Gardens, which may
feature visitors. By accepting these terms and conditions, you agree that
LEC or any authorised party may use such images in perpetuity in any
promotional, advertising or publicity material in any format whatsoever. You
further agree that copyright in these materials rests with LEC or such
authorised party (as the case may be).
Is this a fair collection notice?
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: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, December 01, 2006 11:11 AM
Subject: Re: Photographs and DPA/Human Rights
>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.
>
> -----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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