Phil,
I would suggest that lack of consent, within this context, is not decisive. However, I am assuming that staff have their individual photo id cards so they have consented to having photos taken. I realize that is a stretch between a staff id card and an photo on the intranet.
However, you may wish to find out why the people do not want to have their photos put on the intranet. If they are in security positions or audit positions, then there may be a case that revealing their identity in this manner may be a concern. I know that benefit fraud investigators are leery of having their photo or personal information widely circulated because of the possible retribution or it inhibits their ability to do the job.
If you rely upon Condition 6, what happens if they come back with s.10 to stop you processing their information in this manner?
Best,
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer
Durham County Council
Rivergreen Centre
Aykley Heads
County Durham
DH1 5TS
0191-370-8804
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 15 December 2009 15:14
To: [log in to unmask]
Subject: [data-protection] Photos of Staff - Reasonable Work Instruction
A Chief Officer wishes to place organisation charts on our intranet (not
internet) . The purposes are varied: team building; identification across large
teams and various locations etc. 99% staff consent. One or two have said no.
When initially approached I advised that without consent that was the end of
the matter for those staff. On reflection I am open to persuasion that he can
call on Condition 6. His interests are legitimate and if he does a proper PIA and
determines that any adverse impact (there does not really seem to be any
specific) is justied by the benefits, then in theory we can make a case that
there is no breach of DP principles in doing this (assuming we can get a
photo !).
So two questions on which I seek views (the second not really DP):
1. Can we in principle use Condition 6 or should we regard lack of consent
decisive.
2. In either case can we legitimately as employers give a 'reasonable
insstuction' to staff to participate such that breach may lead to discplinary.
Clearly the answer is more likely to be yes if we can use Condition 6 !
Would it make a differnce if publishing was in a way that would only make
them available to staff in his service area - most of whom would have contact
with the persons concerned at some stage anyway.
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