Jane,
Interesting issue. I would suggest that the noise, if just noise, is environmental information. Moreover, if the noise is picking up the applicant rather than the person who has requested the device, the argument could be that it is their personal information, as it is their "noise".
I would go down the EIR route and if the noise is just noise, disclose with a consideration of the public interest test. The huge caveat being whether anything is on the tape that could be identifiable such as voices that can be understood.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 06 October 2011 15:42
To: [log in to unmask]
Subject: [data-protection] Noise Complaint Recordings/Findings
Bit of a dull brain this afternoon so guidance would be appreciated.
Solicitor acting on behalf in individual who wants to pursue action
against neighbour for noise nuisance.
The Council investigated but found that no statutory nuisance.
Solicitors writes asking for recordings and our findings. Recordings of
noise made by an individual(s) at their home and the outcome, personal
data?
Thank you.
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
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