I would say that it depends on what other information you hold in the context of the recordings as to whether the recordings constitute personal data and whether collectively an individual (or perhaps a limited number of individuals) can be identified from this information. In this respect this in not much different from dealing with requests for access to CCTV footage.
Secondary test - would you release the recordings to me if I made an FOI request or would you refuse saying it is third party personal data?
Piers
-----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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