I received contradictory information from the ICO regarding a CCTV
request. One employee said the image of other people does not need to be
pixilated out, whereas further down the line I was advised that other
persons should be pixilated out.
Personally I would pixilate the woman's image out.
Regards
Steve
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Broxtowe Borough Council
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-----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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