Some interesting points raised there, Steve.
 
Starting with your point (c), if the photo's can be identified as having been taken by person A, then I would have thought they are A's personal data (since they tell you something about the person).
 
Regards
 
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
 
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: 26 February 2009 11:25
To: [log in to unmask]
Subject: [data-protection] Is it personal data and should I release it?

Dear all,
 
Any suggestions on the below would be appreciated.
 
Person A (council tenant at Number 2) has made an anti-social behaviour complaint about Person B (council tenant at Number 3).
The complaint is about Person B running  a business from home that involves welding and vehicle repairs.
A manual file is in existence regarding this complaint.
Person A has has taken photographs showing cars on the public highway being worked on and also photographs of work being undertaken on Person B's properties. The photos, whilst not great, show car number plates and living individuals who can't be identified unless you know them.
Person B has now requested to see the photos.
 
1) Is it personal date? If so who's?
2) It'll be difficult to determine if the people requesting the information are the same as on the photos / recorded footage.
3) Do the Council have a duty to Person A not to disclose these photos even though effectively they are not Person A's personal data.
 
Person B has since been 'told' to cease the offending activities under planning regulations. (they probably have broken the tenancy agreement as well).
 
Thanks
Steve
 
 
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel:  0115 917 7777
Fax: 0115 917 3577
www.broxtowe.gov.uk
 
View our procurement page at: www.broxtowe.gov.uk/procurement
View our contracts notice board: www.sourcenottinghamshire.co.uk
Internal Users only - View our Procurement Intranet page at: http://intranet/index.aspx?articleid=2754
 
 

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