My initial feeling question would be what is the social event?
Assuming it was a work related event, such as the works Xmas Do, or they
were representing their employer at a social event, such as a trade awards,
then there may be some grounds for the employer using the picture. This is
because you could argue regardless of venue and time of day the individual
was 'representing' their employer.
If however it was entirely separate from work then the whole thing
immediately screams unfair processing. That's the only DP angle I can see as
all the other issues seem to be HRA and 'natural justice' related.
just my Friday tuppence.
Lee
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From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Peter Burgess
Sent: Fri 01 December 2006 09:52
To: [log in to unmask]
Subject: [data-protection] Photographs and DPA/Human Rights
Can anyone help me to resolve this issue?
A photograph is taken with the informal consent of the person photographed
at a social event (ie. they line up smiling etc). The event is neither on
their employer's premises nor in their employer's time. It is not intrusive.
The photo is then passed to the employer of the person photographed who
wishes to use it in the context of a disciplinary. The person photographed
objects to this use of the photograph.
Are they protected in this situation under the DPA, the Human Rights Act, or
neither? I have my own view but would welcome those of others.
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