I don't know the details of the assault I'm afraid - maybe he just
smacked him round the ear with his satchel, and nothing more sinister.
Re the police, the boy who is making the SAR, his father is a policeman.
Thanks
Brenda
Brenda Scourfield
Team Leader
I.T.
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1TP
ext 5380
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Macauley
Sent: 04 March 2011 13:01
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
Hi
why are the police not asking for this under section 29?
Simon Macauley
Information Security and Access officer
Scottish Funding Council
0131 313 6691
>>> Lawrence Serewicz <[log in to unmask]> 04 March 2011
12:52:12 >>>
Phillip,
I would say that you cannot allow them to view if you are not going to
let them have it. I checked with the ICO on this, as a way around
sending a longer version than available. The ICO's view, over the
telephone, was that if you are able to view you should be able disclose.
If you are refusing under s7(4), to disclose, then you cannot allow
them to view because that viewing is disclosing.
If anyone is worried about inadvertent disclosure after releasing the
video, I would attach a strongly worded letter outlining the s.55 DPA
implications and then attach a duty of confidentiality so that if the
person who discloses the released video does so, then the Council will
be a co-plaintiff in any court proceedings taken by other people
identified on the video under s.55 and the duty of confidence. One could
then also explain that the Council would be bound to advise the other
people in the video of their information rights so as to support them in
their respective civil and criminal legal claims against the individual
who had breached their data protection rights, contravened s.55 and
their Human Rights.
The cases would then be brought through the County Court for the DPA
issues, which is how the applicant in the Slough case began her legal
case and this led to the HRA issues upon which that case turned.
If the recipient or the recipient's solicitor was not fully aware of
the storm of legal claims that could be unleashed by posting this on you
tube or any other social media, then they would need to be made fully
aware of it. If not their solicitor, then their insurance company will
want to know why and how they decided to allow such silliness to occur.
A 12 year old may not realize it, but their parents will understand
what it means to spend the next 5 years trying to unpick and resolve a
raft of civil and criminal cases all for having a 10 sec video clip on
you tube? Who has the money to pay the legal fees to defend themselves
and put their lives on hold as they have to attend court session upon
court session and have this case in the news, locally and nationally,
and the constant reminders of it day in and day out?
Anyone who has even been remotely caught in the legal system knows that
there is a huge downside to such issues. The drain on one's life is the
main reason why corporations and celebrities employ high paid legal
teams to deal with these issues and keep them out of court.
If the victims were better aware of their information rights, then the
perpetrators would be less likely to undertake such behaviour because
the legal downside is large because it has both civil and criminal
elements. The wheels of justice may grind slowly but they sure do grind
fine.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw,
Phillip
Sent: 04 March 2011 12:11
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
Tough one.
It is not directly relevant in relation to the applicant as he will
know who the third party is. But of course he may stick it on YouTube
or
'sell' it to the press and he can supply the name to go with the face
so
blanking is largely irrelevant ...
My inclination here would be to formally refuse on the basis of third
party PD and the risk of prejudice under s7(4).
I would however allow him to view it.
If he (parents?) subsequently need it as e.g. evidence in a court case
it can be provided under conditions more stringent than you can apply
when supplying under a SAR .
Phillip Bradshaw
Information Manager
Democratic Services
Room CY5C, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 04 March 2011 11:57
To: [log in to unmask]
Subject: [data-protection] CCTV
A child (12 - 13 years old) has requested CCTV footage of a school bus
when he alleges he was assaulted. We consider him old enough to make
his
own request.
I say we have to blurr out the faces of the other children on the bus
-
but what about the one who he says assaulted him ? If the footage
confirms his claim should we leave that child face visible ?
Any advice gratefully received.
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