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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