The problem with this is that even if the person who uploads the images
onto YouTube has breached the Data Protection Act, the only way in which
action can be taken against them is if YouTube admit who did it. And
presumably, it's entirely possible to put clips onto YouTube without the
company actually know who you are. So even if a law has been breached,
it's still going to be YouTube's choice as to whether to take it down on
the basis that it would be difficult to take them to court here to
obtain the name of the uploader.
Going back to the original story about the lady and her social workers,
under FOI, the Information Commissioner has been doing a very determined
job of drawing a line between personal data held by a public authority
about its employees' personal and private business, and data about its
employees doing their job. Even though he often accepts that data about
employees doing their jobs has a personal aspect to it, he stills orders
it to be disclosed. Would the lady have needed consent? She might have
had another condition for processing, at least as far as recording the
conversations, even if she didn't have a condition for putting it on
YouTube (and I'm not saying she couldn't justify doing that, I just
don't know).
Tim Turner
Data Protection / FOI officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: Thu 23 August 2007 20:20
To: [log in to unmask]
Subject: Re: [data-protection] UTube video removed
In message <[log in to unmask]>, at 18:40:30 on Thu, 23 Aug
2007, Nigel Roberts <[log in to unmask]> writes
>R v. Stephane Laurent Perrin [2002] EWCA Crim 747
Not sure if that's the case I had in mind, but it's similar enough.
>So by analogy I would suggest that it doesn't matter where a breach of
>the Data Protection Act is hosted, it's still a breach.
Yes, that's the proposition.
--
Roland Perry
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