In a message dated 14/02/2001 15:35:27 GMT Standard Time,
[log in to unmask] writes:
<< Sorry to labour the point here, but you seem to be suggesting that there
is a blanket exemption from the need to comply with the fair processing
code for crime detection and prevention. This is not so - the exemption
only applies to the extent to which compliance would prejudice the
purpose of the processing. You can't justify not having signage by
quoting this exemption, except in circumstances where you can clearly
demonstrate that having them would prejudice this purpose. >>
-----------
I don't think I am suggesting there is a blanket exemption, I think I am
suggesting that in general a sign is needed but where evidence of *known*
crimes is being sought, it may well prejudice the aim of collecting that
evidence and therefore would qualify for the exemption.
I am also saying that where no sign exists - for example where the controller
does not realise they should be using them - the data could not possibly be
used for any purpose other than where the exemption can be applied.
The guide says so - not me:
"...It may be that the particular problem identified is theft from cars in a
car park. ***Following the appropriate assessment, surveillance equipment is
installed but signs are not. *** [my emphasis] If the equipment
co-incidentally records images relating to other criminality for example a
sexual assault, it will not be inappropriate for those images to be used in
the detection of that crime or in order to apprehend and prosecute the
offender. However, it might be inappropriate for images so obtained to be
used in civil proceedings or disciplinary proceedings eg the car park
attendant is recorded committing a minor disciplinary misdemeanour. It
should not be retained and used for any other purpose.... "
Ian B (apologies for the repetition)
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Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
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