Views sought.
Have recently dealt with a subject access to some video recordings and a
photograph. A number of issues have arisen from that which would appreciate
views on.
To save time and minimise cost the video recordings were depersonalised by
bluring all of the screen except for the image of the data subject. This
left the eventually disclosed material containing only the images of the
individual with everything else blurred. I considered trying to only blur
the faces of other individuals on the recording, but the resource costs
would have increased from 2 hours to 1 day or more, for the approximately 5
minutes of recording contained in the extracts showing the data subject.
I suspect the final delivered recording in the form it ended up in would
have very limited value to the data subject. The following questions
occurred to me over this:-
1. What constitutes personal data when an individual is in a public place?
2. Is the location information, or are the surroundings where an individual
is positioned personal data?
These questions are important issues in the circumstances of subject access
to video tapes as they do determine how to process the request and what to
produce. I cannot help but think that the DPA was not intended to be
literally interpreted, as I have done on this occasion, but to uphold the
rights of all the individuals in a public place, whilst at the same time
minimising costs and answering a subject access request from one individual,
there does not appear to be a more effective way.
Comments, advice and criticisms welcomed.
Ian W.
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