In the legal newsgroup that I subscribe to an amateur photographer (I think
that is what he was) says that he was photoing in a high street presumably
"chuggers" who were asking people to subscribe to a named charity.
Someone came up to him from the charity and asked him not to.
This seems rather bizarre because presumably they were participating
publicly in a lawful activity. It is difficult to know whether to take
people's own account of their actions seriously because, of course, if
someone is signing up for Greenpeace or whatever in the street that might be
considered a private activity - and the canvassers (chuggers) might think
that someone photoing them with potential punters might put the punters off.
But if that was their concern you would have thought they would choose a
more private place for their activities - or send them mailings or other
more traditional means of seeking support.
Very strange!
Nick Landau
PS Of course, these days anyone can send a digital photo immediately to a
newspaper or TV. 25 years ago I took a photo of a car being hauled out of a
neighbour's garden and I had it printed in the local paper. I had to take
the film to the paper, they developed the film and then decided whether the
photo was of interest.
On another occasion I took a picture to the Mirror in Holborn and they
followed the same process. On that occasion they didn't use it.
It required a lot of effort to do this and only a serious amateur would have
been bothered.
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, December 04, 2006 3:47 PM
Subject: Re: [data-protection] Photographs and DPA/Human Rights
The thing is, one may draw conclusions from such a picture. I appreciate
your point.
-----Original message-----
From: Donald Henderson [log in to unmask]
Date: Mon, 04 Dec 2006 14:52:09 +0000
To: [log in to unmask]
Subject: Re: [data-protection] Photographs and DPA/Human Rights
Tim,
Sorry to split hairs, but you did say you were being "technical"...
A photograph of you wearing a turban is just that. One may infer certain
things about your race or religion from it, but one can't be certain of
them. One could equally infer that you were an actor in costume or were
attending a fancy dress party, or were simply trying to mislead a number of
DP professionals !
Similar arguments apply to your other cases.
I'm not disputing that a photograph may contain sensitive data, but it
probably requires other information to verify the fact.
I know it's Monday, but I'm just catching up....
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----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 12:27
To: [log in to unmask]
Subject: Re: [data-protection] Photographs and DPA/Human Rights
I am being very technical re sensitive data:
If it shows me wearing a turban I am of a certain race or religion, or both
If it shows me in a wheelchair, my state of health is presented
If it shows me to be white, able to stand on my own two feet, etc, it
presents my ethnicity and state of health
Thus a photograph of me shows data classed as sensitive under the DPA.
Intellectually the "Make the following unlawful act legal" picture is "more
sensitive", but it is not sensitive under the act
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
Sent: 01 December 2006 11:50
To: [log in to unmask]
Subject: [data-protection] Photographs and DPA/Human Rights
Doesn't it depend on the photo. If I'm photographed presenting a cheque for
£ 15,000 to the Air Ambulance that makes me a hero and I cannot see how it
is sensitive data. If I'm photographed holding up a poster saying 'Make
Cannabis Legal' or 'Unison says Protect out Pensions' then that I feel is
sensitive data. However, if you do these things anyone can take a photograph
of you. If it is an official photograph then I feel you should be told what
might happen to it.
Brenda Scourfield
Team Leader
I.T. Division
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1 TP
Tel 01437 775380
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