I am happy that providing you have done a proper DPIA to ensure that the recording is fair, done with appropriate transparency, and can be fully justified under an Art 6 condition, then the capture of any incidental special category data comes within 9(2)(e). I don't think analysis of the various scenarios is necessary or helps. I can think of others - person has a sudden heart attack or seizure.
That only applies initially to capture. Any further processing over and above that still comes within 9(2)(e) but has to be further assessed to ensure that an Article 6 condition still applies, is still fair and proportionate etc.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|