It is not normal to redact the images of other individuals unless they
are involved in an identifiable activity such as being taken ill,
being arrested etc.
It must also be assumed that the applicant's boyfriend would be aware
of the identity of his friend so, whilst being personal data, the
images would be data already familiar to the subject.
The applicant has also described the activities of both herself and
her friend so the probability of another couple being engaged in the
same activities at the same time are somewhat remote.
I would find it very difficult to justify any redactions from the
scenario described.
This is the type of issue we cover on our DPA and CCTV courses being
held in Bristol and London
Regards
Alan
Alan Stead
Director
IMTS
Information Management Training Services Ltd
Ravenshead
Nottingham
01623 400497 or
07882 241908
Quoting Lawrence Serewicz <[log in to unmask]>:
> Dear All,
> The following scenario has emerged and I was wondering about how you
> would handle it.
>
> An applicant is going down the street with her boyfriend. He is
> walking with a dog and she is riding a bicycle. At some point, they
> are stopped by the police on the street. The applicant is
> questioned by the police and believes they acted inappropriately in
> the incident. The applicant wants a copy of the Council's CCTV
> footage and sends in a photograph to help to identify the images.
>
> Here is the difficulty. We have footage showing a couple going up
> the street at that time, there are other couples on the street, but
> the actual incident is not captured. We have a picture of a couple
> with a woman on a bicycle and the man walking. However, there are
> other couples as well. From the photograph we cannot be certain
> that the woman on the CCTV footage is the same person in the
> photograph. The problem is that camera was not sighted on them so
> they are slightly out of focus and the features are hard to
> determine as are the dog and the bicycle. The woman cannot remember
> what she was wearing so we cannot be certain of the applicant is the
> person in the picture.
>
> The woman is adamant that it is her and does not accept that we
> cannot release the footage to her. What is now being threatened is
> for the applicant's boyfriend to make a request for the same
> footage. The argument is that if he can be identified in a public
> place then she can be identified. The problem with this is the
> images do not appear clear enough to identify the man.
>
> My question are these. If the image could identify the man, would we
> have to disclose her image to him? If the people in the street are
> in a public space, then they do not have an expectation of privacy
> and would not need to be redacted (pixilated out) [reference to a
> previous response regarding CCTV on this forum]. However, in this
> case we would face a problem. We would be disclosing footage to the
> man that shows a woman (uncertain to us) to him. However, if we,
> as data controller then know the identity of the woman and then
> that would be her personal data and we could not disclose it. We
> would have to pixilate her out.
>
> How would you handle this request? Have I overcomplicated this for a Friday?
>
> Any advice or assistance on this one would be appreciated.
>
> Lawrence
>
>
>
>
>
>
>
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