Housing authorities do not always consider tenants Article 8 privacy issues
as outweighing their own interests though. Furthering organisational
interests often seems to be seen as outweighing individual or other wider
group interests.
Some examples by way of explanation may assist.
1. Housing authorities wishing to vet tenants prior to housing them, and
passing details received from 'legitimised' disclosures to any other
authority the data subject(s) apply for housing with.
2. Other agencies in partnership with authorities who conduct surveillance
on their behalf in circumstances which would be lawfully restricted for the
other agency to undertake. Given that case law some years ago allowed
unlawfully obtained evidence to be utilised, no perceived barriers to this
practice existed with Human Rights not being seen as a firm determining
issue.
3. Police and Housing in partnership producing letters on police headed
notepaper to tenants stating, "Your attitude and behavior is considered
unacceptable to us, comply or you will be evicted."
4. A local authority barristers stated objective of vetting all tenants
within the district to enable a real clean out of the area. (One is forced
to make some assumptions that a degree of sarcasm or acting was behind that
statement - although it was very believable in the circumstances made with
the loophole identified)
5. Traffic CCTV cameras at a busy and problematic traffic island remaining
pointed down a side street for several weeks unless a problem is reported at
the island.
As many DPO's and other conscientious managers will probably be able to
evidence, often perceived difficulties in achieving objectives are kept at a
distance or otherwise dealt with, resulting in perhaps more covert responses
being used to achieve any required protections.
Where a DPO attempting to uphold a data subject’s rights is deeply ingrained
within an organisational culture, with little/no/or a controlled amount of
external input or influence I would suggest any dangers are multiplied.
Similar issues possibly apply to Human Rights advocates where they may be
perceived more as a problem than a help, and may themselves problematically
find privacy breaches as much of a help as a hindrance.
Back to education and the importance of engendering an open discussion of DP
issues including all viewpoints. One must also assume a free press which
itself does not run rampage over such things as privacy rights is also of
benefit.
Privacy can be a strange beast to pin down but a growing understanding of it
is most enlightening.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Ibrahim Hasan
> Sent: Monday, March 20, 2006 5:39 PM
> To: [log in to unmask]
> Subject: Re: Covert surveillance - CCTV
>
>
>
> Others are covering the DP issue quite well.
>
> Just to pick up on Alan's point though, and it may be pedantic, but RIPA
> does not actually permit surveillance. It makes certain types of
> surveillance human rights compliant if RIPA procedures are followed.
>
> However, the converse is not true, and if you do not comply with RIPA,
> there is no offence(civil or criminal) under RIPA.
>
> See section 80 of RIPA.
>
> Having said that Housing Trusts are not RIPA authorities so they can't
> comply with RIPA even if they wanted to. They are human rights
> authorities though (see the Poplar case) and so still have to consider
> Article 8 - privacy.
>
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