I agree with Owen. Sending the recording to the council is still Mr X handling his own domestic issues; providing the recording to prove something to the council or progress his request/complaint. Even putting it on Facebook is still for his own domestic purposes. Mr X continues processing for domestic purposes, whilst the same data is processed by the council for organisational purposes.
Where the situation would change (IMHO) and what I think Andrew was referring to about CCTV, is if Mr X made a habit of recording all his calls in order to publish them on a "people say the stupidest things" blog for example. Or has CCTV on his property for security purposes but when the camera facing the street captures slips and falls Mr X sends them to 'You've been framed'.
The ICO a few years ago said that domestic purposes still applied where a resident is running a blog (it was a non-earning one) to attack the council and individual officers.
Victoria Blyth
Information Strategy Manager
Information Management Team
London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP
Tel: 020 8359 2015
please consider the environment - do you really need to print this email?
Barnet’s Information Management Policies are available on the intranet here
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of WHITE, Sarah (DEVON DOCTORS LTD (NQW))
Sent: 21 December 2016 11:25
To: [log in to unmask]
Subject: Re: [data-protection] Re-use of audio recordings made by service user.
But has the individual therefore inappropriately processed the data (in not using it for a domestic purpose) by completing the act of sending it in to the council?
So the exemption falls away? As I presume it would if he were to put the recording on Facebook, for example?
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Owen Thomas
Sent: 21 December 2016 11:02
To: [log in to unmask]
Subject: Re: [data-protection] Re-use of audio recordings made by service user.
Hi Andrew
I think it'll remain within 'domestic purposes' for the customer, but not for the recipient.
Seasonal (if a little premature) example - Mr X calls the Council to book a large object removal for his balding Christmas Tree.
He calls again later to complain that the arranged collection didn't materialise and advises that he's recording this call in the same way as he recorded the last.
Both calls concerned a domestic matter and so both or Mr X's recordings would constitute data relating to a domestic matter.
However, when he sends copies of those recordings to the Council, the Council absorbs their data into corporate records to be actioned in relation to a complaint about a corporate matter.
My feeling is that in cases like this, the classification of data can depend significantly on who's processing it at any given time.
Owen
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