The bluring was carried out by focusing on the data subject in a similar
fashion to looking through a magnifying glass, everything but the data
subject on the screen was then blurred. All of the information about the
data subject was, hence delivered. Other information which was associated,
e.g. the many other persons in the vicinity, and as a by product the
geographical features, were blurred. What I considered as an 'exclusive'
method - focus on the data subject exluding everything else.
The technology achieved this in one sweep through a recording containing all
the extracts of the individual. To have edited the extract recording using
an 'inclusive' method (separately blurring other persons) would have meant
running the recording many times, focusing on individuals or groups each
time to blur them during each re-run, probably ending up, in this particular
case, with a not to dissimilar final result, but having expended a
significantly greater time to achieve it.
The question of what information 'associated' with the data subject in a
video is 'personal data', and what is not, appears to be key to the method
which should be used. Considering the DPA definition of personal data I
currently have difficulty in seeing a sound argument that the geographical
location is personal data in that context; Although in a different context,
a written note about the location of an individual, linked to their personal
details is definitely personal data.
My view is that other information on a video should be classified as
personal data, not least because of the type of example you provide, funny
how differently the logic of the DPA can be perceived sometimes. Does
geographical or other data on a video recording 'relate' to the data
subject?
I fully agree with your views regarding the deletions from a database, but
can see similarities in the video scenario with the removal of purposes from
the notification process, without any reciprocal need to provide detailed
advice of all of the purposes collected data is used for, within a subject
access response. Providing sources and disclosure, or the provision of a
notification does not achieve this.
Ian W.
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, April 28, 2001 9:56 AM
Subject: Re: Subject Access - Video Recordings
> In a message dated 27/04/2001 21:27:17 GMT Daylight Time,
> [log in to unmask] writes:
>
> << 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 would have thought that removing any more than 3rd party identities
> (faces?) would be a breach of the Act.
>
> The location may have been necessary as (e.g.) an alibi.
>
> If the request had been for computerised data and you deleted everything
but
> the person's name and address you would certainly be in trouble!!
>
> Hope this is no too simplistic a view - any comments?
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace
or
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your
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> contact Keep I.T. Legal Ltd at the address below:
>
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