If you didn’t provide information
the requestor was aware of then you wouldn’t reply to at least half of
the SARs you get!!
As for Q2 I can’t see how that would
fly? I don’t recall any part of DPA that says s7 doesn’t
apply if the punter already knows about it!! Would have made my previous
life in local government so much easier though!
Lee Gardiner
Corporate Records Manager
***Please note new
address***
NHS Wirral
5th Floor
Old Market House
CH41 5FL
T: 0151 651 0011 x1462
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From:
This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On
Behalf Of Cotterill, Steve
Sent: 23 February 2010 15:16
To: [log in to unmask]
Subject: [data-protection] CCTV
Images - SAR
Dear all,
We've received an Subject Access Request from a member of the public
who uses our Leisure Centre.
He made a complaint, which has now been resolved, but as part of his
complaint via a SAR he asked for 'CCTV footage from the main reception
camera showing him accessing and leaving the building'. This footage does not
and will not clarify anything to do with his complaint.
I phoned the ICO helpline to clarify if there is a requirement to
'obscure' any other third party image on the recording. The response was
1) Yes we should 'obscure third party images' but we do not have to
supply the CCTV image as Section 7 (c) allows us to 'communicate to him in an
intelligible form the information constituting any personal data'. It was
suggested we write a description of what happens.
2) The ICO helpline also recommended not complying with the request as
it is unreasonable and does not show anything the individual is already aware
of (i.e. we can tell him what times he swiped in and out of the leisure
centre).
I am quite comfortable with the advice to point 1 but not easy with the
advice on point 2. I would welcome any second opinions.
Regards
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement &
Technical Officer x3296
Broxtowe Borough
Council
Resources Directorate
Council Offices,
Beeston,
Tel: 0115 917
7777
Fax: 0115 917 3577
View our procurement page at: www.broxtowe.gov.uk/procurement
View our contracts notice board:
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page at: http://intranet/index.aspx?articleid=2754
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