In a message dated 14/02/2001 13:02:24 GMT Standard Time,
[log in to unmask] writes:
<< Surely the exemption from the subject information provisions for crime
and taxation purposes only applies to the extent that compliance with
the provisions would be prejudicial to the purpose? If you don't have
signs for your CCTV cameras, aren't you in effect carrying out covert
surveillance? How could you justify this where, for example, you
monitor a car park with CCTV? >>
----------
The exemption I was referring to was in relation to the First Principle -
informing the person of the identity of the controller and the purposes for
which the data will be processed. NB you still have to meet Sched 2&3
conditions. Covert surveillance can be carried out where a specific crime
has been identified (eg car theft) and so a camera could be installed without
signs to gather evidence. It could then be disclosed under s29(3) and would
be exempt from s7 if supplying it to a data subject would prejudice the
criminal inquiry.
However, my advice would be to have signs up as it would allow other uses of
the images if necessary.
And the sign may act as a deterrent.
Ian B
MD
Keep IT Legal Ltd
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