JISCMail - DATA-PROTECTION Archives

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...

Thanks, Doreen, for sending this file for us all to share:

Tim Trent - Consultant
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