When I say 'identifiable images' I am thinking about whether an image of an individual going about their business, that happens to be captured by public space CCTV and is not identified by the council operating the system is personal data at all.
The (reasonable) approach taken in Murray is that whether the images are actually special category or not is a case by case decision, taking account of the intention to identify individuals, what other information you might hold that support inferences of special categories, etc. So, you should be prepared that images you process might be special category.
I agree CCTV is probably the same as photographs, just remarking on the language used in GDPR.
Dan
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of GERTZ Renate
Sent: 14 November 2018 09:48
To: [log in to unmask]
Subject: Re: [data-protection] Very Early Friday Question
I remember speaking to people from the ICO's Scotland office and they told me that photographs should not be considered special categories (or sensitive data at the time of the conversation). It's an area that is definitely difficult.
Best wishes
Rena
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Dr Rena Gertz PC.dp
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Old College
University of Edinburgh
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0131 6514114
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ben Heathcote
Sent: 14 November 2018 09:44
To: [log in to unmask]
Subject: Re: [data-protection] Very Early Friday Question
A good point well made, and one we considered but didn't come to any solid conclusions.
As for Recital 51, invoking the spirit of Jean-Luc Godard, CCTV is photography at 24 fps... It's interesting that the Recital phrases it in that way but it seems a very narrow interpretation and without any case law to say otherwise I'd be minded to read "photographs" as "images" and play it safe.
Ben Heathcote
Information Security Officer (Compliance) Information Security & Governance Team IT Service Newcastle University
NE1 8HQ
Telephone: 0191 208 6950
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of REZAZADEH, Adam (SUSSEX COMMUNITY NHS FOUNDATION TRUST)
Sent: 14 November 2018 09:37
To: [log in to unmask]
Subject: Re: [data-protection] Very Early Friday Question
Just a thought, although the CCTV images are showing a person on crutches or wearing some religious clothing (for example), you are only able to infer the special categories from the CCTV footage - it may not be an accurate portrait or indeed be relevant to that person, so would it actually be a special category?
Kind regards,
Adam Rezazadeh
Information Governance Manager
Information Governance Team | Performance & Improvement Directorate | Sussex Community NHS Foundation Trust
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Palmer-Dunk, Daniel
Sent: 14 November 2018 09:16
To: [log in to unmask]
Subject: Re: [data-protection] Very Early Friday Question
UK case law from 2007 suggests you might want to treat identifiable images as special category (Murray v Express), but GDPR Recital 51 states photographs (interestingly, not 'images' - is there an intention to exclude CCTV?) should not 'systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person' - so, unless you're using facial recognition or something.
I still agree it's probably best to consider it all special category.
Dan
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ben Heathcote
Sent: 14 November 2018 09:03
To: [log in to unmask]
Subject: Re: [data-protection] Very Early Friday Question
From what I found out when researching this issue for still images, there doesn't seem to be a clear consensus; at the time we erred on the side of it being special category, regardless of the purpose of the processing. If someone has some authority that says otherwise, I'd love to know about it...
Ben Heathcote
Information Security Officer (Compliance) Information Security & Governance Team IT Service Newcastle University
NE1 8HQ
Telephone: 0191 208 6950
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Bill Dunn
Sent: 13 November 2018 16:36
To: [log in to unmask]
Subject: [data-protection] Very Early Friday Question
Hi,
Looking for a bit of guidance about something that probably hasn't changed with the GDPR.
We operate open space CCTV cameras for the purposes of prevention of anti social behaviour. These cameras monitor public spaces. Would images of people with disabilities amount to special category data? The purpose of the processing is unconnected with their disabilities. This could make the images personal data.
Would it be different if we were broadcasting public Council meetings from our website and that an attendee at the meeting was disabled?
Thanks
Bill Dunn
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