All 'common sense they-suffer-the-consquences' aside, there is a big
difference between 'informal consent' and 'informed consent'.
Without more information, it is difficult to say in respect of your
particular case, but if, for example you give an implied consent to
allow your photo to be taken for someone's private purposes (i.e. as
most of us would do, if at a private social event) I suspect that
DOESN'T extend to consenting to that same photo being sold and used for
say, publication in a national newspaper (particulaly if the headline
said something like "Council employees with noses in trough")
So, 'informal consent' <> 'informed consent', IMO
Peter Burgess wrote:
> 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.
>
>
>
> ________________________________________________
>
> The contents of this email are confidential. If it contains personal
> data care should be taken to ensure that the contents are securely held
> in accordance with the Data Protection Act. If it not necessary to
> retain the information the email should be deleted
>
>
>
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send to the list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
>
--
Nigel Roberts BSc CEng FBCS DipEngLaw, Director
Island Networks, 4&5 St Anne's Walk, Alderney, GY9 3JZ (GG)
Tel. 01481 822800 (office) or 0870 321 2282 (direct)
Mobile: 07010 7011 13 or +423 663 178 200
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
