If you genuinely cannot identify the female applicant, don't supply. If
you genuinely can identify the male applicant, supply, removing any
personal data which you believe would cause harm to the other people on
the street. They can neither sue you, or get very far with the
Commissioner unless
a) harm will be caused by the disclosure or
b) there is evidence you did not think through the issues. You're
clearly thinking through the issues and coming to a reasonable decision
(your messages here are evidence of that).
Pixellating everyone else out from the male applicant's request covers
your back in DP terms but gets him annoyed and forces you to deal with
him (and her) for longer.
I would say that unless you have evidence of harmful consequences, go
ahead and disclose the unedited images to the male applicant - if
identifiable - unless they show something which could cause harm. If you
simply can't judge the harm, pixellate and get settled in for some
complaints and ICO time. If the ICO make an adverse assessment and say
give the stuff out, you can always blame them should anything subsequent
go wrong.
Tim Turner
NHS Manchester
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 16 August 2010 09:33
To: [log in to unmask]
Subject: Re: [data-protection] CCTV disclosure by another means?
Yes. Except that the alleged incident occurred off screen. We can see
before and after but no during.
There are couples fitting the description goin up the street and then
going down the street (apparently, but I cannot confirm it) the incident
(still not sure exactly what) occurred at the corner beneath a camera.
Following the alleged incident we have couples walking up the street.
Best
Lawrence
I wish I could make this stuff up as I could start writing tv
programmes.
Lawrence W. Serewicz
Principal Information Management Officer
Room 4/10
Durham County Council
DH1 5UF
0191-372-8371
----- Original Message -----
From: Gareth Davidson <[log in to unmask]>
To: Lawrence Serewicz; [log in to unmask]
<[log in to unmask]>
Sent: Mon Aug 16 08:58:31 2010
Subject: RE: [data-protection] CCTV disclosure by another means?
Hi Lawrence,
Just thinking out aloud, was the request made for the incident? And was
the incident with the police?
Best,
Gareth Davidson
Compliance Support Officer
Information Services Team (Corporate Services)
LSN
Fifth floor, 120 Holborn
London EC1N 2AD
DL: 020 7492 5037 | T: 020 7492 5000
F: 020 7492 5001
www.lsnlearning.org.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 13 August 2010 16:33
To: [log in to unmask]
Subject: [data-protection] CCTV disclosure by another means?
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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