Being pre Durant, I wonder if the decision post durant would be the same?
If you accept Durant I don't think that it is at all easy to determine
whether a photo on a piece of paper would now fall under the DPA. I don't
think we can avoid going back to the fundamentals and the definitions of
data and then personal data. The photograph itself (assuming it is on paper)
may not be data unless it forms part of a relevant filing system. However,
in order to produce the piece of paper the image may well have been
processed on a computer and would have been and may still be data (and
indeed an image just stored on a digital camera is likely to be data) - so
if this is the case does this make the paper photo data as well? If the
photo is passed to a third party could it cease to be data in the hands of
the third party if the third party doesn't process the image by automated
means or put it in a relevant filing system?
Whether or not it is personal data will, under Durant, depend on the focus
of the photo. Take the example mentioned of someone presenting a cheque to
the air ambulance. If that person raised the money themselves then they are
very likely to be a focus of the photo. But what if the person is
presenting the cheque on behalf of their employer or charitable
organisation - perhaps that person is then not a focus - the focus being on
the organisation making the charitable donation and the air ambulance
service as recipient?
More questions than answers, sorry...
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Tim Trent
Sent: 01 December 2006 14:14
To: [log in to unmask]
Subject: [data-protection] File uploaded re photographs
Thanks, Doreen, for sending this file for us all to share:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=DATA-PROTECTION&X=&Y=
&f=/photographs-as-personal-data (or http://tinyurl.com/ufkh6 )
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
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