I can't remember if it actually happened, but I was certainly asked for advice by one of my colleagues last year who had photos of people in the act of dropping litter who wanted to publish the images in order to identify them. I feel certain that I advised them that if their main purpose was to identify the offender, then I thought that S29 would probably apply. Looked at another way, I might also have said that it was legitimate interest. If someone asked me again, I probably would give the same advice.
 
What I can say for certain is that my instinct would be to make the case for publication. I don't see why one should take a restrictive approach when dealing with anti-social behaviour. If we had a photo of a bloke, and some other bloke said he was a litter lout, then I would say that publication was excessive. However, if a council has images of a person caught in the act, I think the pendulum swings in the other direction.
 
The Article 8 right to privacy in the HRA isn't absolute. I don't know whether the intrusion into the right to privacy is proportionate, but it's worth considering. If anti-social behaviour, potentially criminal behaviour happens in a public place, the debate on where the DP and HR considerations go is a lot wider than it might first appear.
 
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bownes David (CEX)
Sent: Tue 09 January 2007 09:17
To: [log in to unmask]
Subject: Re: [data-protection] Litter Louts

Not so sure about that....   See:  http://www.peterborough.gov.uk/page-9191 for example - pictures of "suspected" litter louts - crime, prevention or detection ... etc.
 
David Bownes
Data Protection and Security Officer, Sheffield City Council, Chief Executive's Directorate, Corporate Resources, PO Box 1283, Sheffield S1 1UJ.  Tel: 0114 2736891 FAX: 0114 2735576
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 09 January 2007 09:11
To: [log in to unmask]
Subject: [data-protection] Litter Louts

All
 
Further to the refusal to disclose escaped murderers - did you see the articles about a Council down south (can't remember which one) but they are disclosing photos of litter louts who refuse to pay fines on the web and asking the public to inform who they are!!  Extra revenue obviously overrides the HR Act and DP Act....
 
Doreen Broom
Access to Information Officer
Corporate Resources - Corporate Administration
Tel: 01835 826516
e-mail: [log in to unmask]
 

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