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I would have thought that this confuses the place of processing (the
Council's computers) with the person/entity who (either alone or jointly or
in common with other persons) determines the purposes for which and the
manner in which any personal data are, or are to be, processed (the
colleague with the photos and not the Council). I can't see that placing
personal photos on a Council computer makes the Council the data controller.
As far as FOI goes, the ICO guidance states WRT e-mails
b) Personal written communications (emails, etc)
In most circumstances private emails sent or received by staff in the
workplace
would not be held by the authority as it has no interest in them. It will
be a
question of fact and degree whether a public authority does hold them,
dependent on the level of access and control it has over the e mail system
and
on the computer use policies. It is likely to be the exception rather than
the rule
that the public authority does hold them.
Problems can arise with hybrid emails, those which contain a mixture of
personal
content and that relating to the duties of the employee. The information
which
falls within the latter classification is potentially disclosable, and so
as part of
good email management the formulation of such emails should be avoided.
I would suggest that the same analysis applies to personal
photographs/files.
There might be a security issues depending on how the photographs are
shared, e.g. using USB sticks with the concomitant risk of viruses etc.
I am not sure that a justification is required however. If you don't want
personal images on the computers you are free to say so as a matter of
policy (and presumably to back this up with disciplinary sanctions if
necessary, where staff have been clearly informed that this is the case).
Andrew
--On March-29-11 1:12 PM +0100 Lawrence Serewicz
<[log in to unmask]> wrote:
>
>
> Dear All,
>
> The recent discussion on inappropriate images has raised some discussions
> between colleagues on whether any personal photographs (i.e. non-work
> related) should be stored at work.
>
>
>
> With the summer holidays, people will often come back with photos or even
> videos of their holidays that they want to share with colleagues. Often
> this can be a couple of digital pictures shared within a team.
>
>
>
> I was wondering how others on the list dissuade people from this
> behaviour? The counter argument is that a few holiday photos "does not
> harm anyone", "these are my photos", "I am entitled to some personal
> space at work" "what is the harm of my personal screen saver?"
>
>
>
> I was thinking of an awareness campaign around DPA in that by uploading
> personal images, their own or of others, onto a Council computer they
> are, in effect, making the Council the Data Controller. In doing so, the
> Council could be in breach of the DPA for not collecting the information
> fairly or lawfully and being unable to control how it is processed, how
> long it is retained, and whether it is shared. In sum, I would think
> that by doing this the officer could have breached all the principles
> except for the Eight. :)
>
>
>
> What other legislation would cover this type of behaviour? Is this
> using a sledgehammer to crack a walnut so I should be looking at other
> ways to modify that behaviour?
>
>
>
> Any thoughts or advice on how you approach this issue would be
> appreciated.
>
>
>
> Best,
>
>
>
> Lawrence
>
>
>
> Principal Information Management Officer
>
> Durham County Council
>
> Room 4/140
>
> County Hall
>
> County Durham
>
> DH1 5UF
>
>
>
> 0191-372-8371
>
> VPN 7777 8371
>
>
>
>
>
>
>
>
>
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