You might say that but Hampshire County Council's Policy for "Using images
of people: photographs, videos and webcams"
is contained in www.hants.gov.uk/TC/cg/photosintro.html
"Under the Data Protection Act 1998:
"Since the introduction of the Data Protection Act in 1998, we must be very
careful if we use photographs, videos and webcams of clearly identifiable
people. Also, increased use of the internet has led several people to ask us
for advice on using images of children and adults both on our website and
our printed publications. We offer separate guidelines for schools and for
other County Council staff."
"You must get the permission of all the people who will appear in a
photograph, video or webcam image before you record the footage. That means
children as well as adults. Consent forms for both children and adults are
available.
You must make it clear why you are using that person's image, what you will
be using it for, and who might want to look at the pictures.
If you are taking images at an event attended by large crowds, such as a
sports event or the Southampton Balloon Festival, this is regarded as a
public area so you do not need to get the permission of everyone in a crowd
shot. People in the foreground are also considered to be in a public area,
but we suggest that photographers address those within earshot, stating
where the photograph may be published and giving them the opportunity to
move away. If you want to use an image of, for example, the winner of a race
at a sports event - with the crowd in the background - you must get the race
winner's verbal permission and record the fact that you have done so. You
can record their consent on a verbal consent form when you take the
photograph or when you return to your office. See also Frequently asked
questions.
If you intend to use images from an agency, it is the agency's
responsibility to get permission from all those appearing in the image
before it is recorded. However, you must take reasonable steps to ensure
that the agency has obtained consent. For example, you could ask the agency
to do this, then record on file that consent has been obtained, and sign and
date the file note."
The paragraph about Southampton Balloon Festival is most similar to the
current situation under discussion. I think that it is more like CCTV where
you are identifying individuals.
With CCTV of traffic although people can be seen they are not being
identified - and the film is just being used for traffic management - not to
identify people.
See
http://www.cctv-information.co.uk/cgi-bin/index.cgi?url=http://www.cctv-information.co.uk/dataprot/dpacctv.html
"5. How does this affect more sophisticated CCTV systems?
Many CCTV schemes, such as those that are used in town centres or by large
retailers, are more sophisticated. They are used to focus on the activities
of particular people either by directing cameras at an individual's
activities, looking out for particular individuals or examining recorded
CCTV images to find things out about the people, such as identifying a
criminal or a witness or assessing how an employee is performing. These
activities are covered by the DPA but some of the images they record will no
longer be covered. So if only a general scene is recorded without any
incident occurring and with no focus on any particular individual's
activities, these images are not covered by the DPA.
In short, organisations using CCTV for anything other than the most basic of
surveillance will have to comply with the DPA although not all their images
will be covered in all circumstances. What you need to decide is whether the
image you have taken is aimed at learning about a particular person's
activities."
Personally I wouldn't be bothered but I am reflecting on what other people
are saying in this area.
I know that the Information Commissioner said that even children's plays are
not covered by the DPA. Presumably it depends on the distribution - and
whether the DVD is retained by the University for future reference - in
which case individuals are recorded on it and I would say that counts as
individual information.
Maybe the University should become a broadcoasting authority in which case,
would they be exempt (as in FoI) because of journalistic activities.
Nick Landau
----- Original Message -----
From: "Peter Burgess" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, February 22, 2006 10:54 AM
Subject: [data-protection] Filming Graduation Ceremonies
We have a video at home of my wife receiving her Ph.D. 95% of the video
is feel-good marketing for the university, a pompous speech by the
(famous actor now deceased) Chancellor, a procession of grave looking
individuals in silly costumes etc, and only the last shot is of her
receiving her scroll. No other person except the Chancellor is
identified. Were it to be made available on-line, and an unauthorized
person somehow managed to access it, I cannot imagine what possible
damages my wife could suffer as a result, or how anyone could claim that
anything in this very public event constituted private data.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of
[log in to unmask]
Sent: 22 February 2006 10:22
To: [log in to unmask]
Subject: Re: [data-protection] Filming Graduation Ceremonies
Data protection issues aside, can you imagine anybody voluntarily
choosing
to watch such a tedious event if they didn't have to? Or, for that
matter,
re-watching it on DVD, dewy eyed, at a later date?
Hilary Lawrenson, Data Protection Officer
National Probation Service - South Yorkshire
Head Office
45 Division Street
Sheffield, S1 4GE
Tel 0114 276 6911
Fax 0114 276 1967
Caroline Dominey <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
21/02/2006 11:26
Please respond to C.H.Dominey
To: [log in to unmask]
cc:
Subject: [data-protection] Filming Graduation Ceremonies
Hello,
We currently film our graduation ceremonies and produce DVDs/Videos that
graduates can buy as a souvenir of the day. It has been suggested that
we
could securely broadcast this over the internet so that family and
friends
who are unable to attend could watch the ceremony. I do not fully
understand the IT issues but assuming that this could be done in a
secure
way with a password and login - does this seem okay?
I am sure there must be something that I am missing as this doesn't feel
right, but the argument that we are already producing the DVD seems to
suggest (to my colleagues!) that there are no issues with this. I'd
really
appreciate any thoughts on this.
Caroline
------------------------------
Caroline Dominey
[log in to unmask]
www.ex.ac.uk
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