In message <[log in to unmask]>,
at 12:35:18 on Tue, 21 Apr 2009, Chris Brogan
<[log in to unmask]> writes
>I wonder if I am missing something here.
>
>Littering is anti social and unacceptable. A council has a duty to keep
>its streets clean. If a person(s)are suspected of littering then it
>seems to me that the council are entitled to find out who and ask/tell
>them to stop it or else. The ensuing investigation is likely to be
>processing personal data. The justification for this processing I
>suggest could be conditions 3, 5 and 6 of Schedule 2. Bearing in mind
>they only need to satisfy one. If they complete their Privacy Impact
>Assessment and they have exhausted less intrusive means of finding out
>"who done it" then in the absence of any other investigative solution
>then why can't they maintain a surveillance on the areas in question?
>Once the relevant information is established the method of surveillance
>should cease. All this is within the DPA and I cant see how RIPA is
>involved.
>
>Now...am I missing something??
It all depends on what you regard as Surveillance. Picking up some
litter that also has information within it identifying the original
recipient of the paper might not be surveillance, but there are
presumably some hoops to jump through if you wish to use that (personal)
data in an investigation. On the other hand, using CCTV to spot a white
van doing some fly tipping, then using registration or sign-written
information [often a mobile phone number] to trace the driver, almost
certainly is.
--
Roland Perry
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