Part of the argument (see para 47) appears to be that the data is made available to an indefinite number of people.

 

If the photos are placed on Facebook then only your friends can see them

 

If not then should everyone who places photos on facebook register with the ICO as a data controller and ask permission from their friends before putting them on?

 

 

 

The case is here http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79968893C19010101&doc=T&ouvert=T&seance=ARRET

 

The key is para 13, and this related to narrative more than picture about a medical situation.

 

  The pages in question contained information about Mrs Lindqvist and 18 colleagues in the parish, sometimes including their full names and in other cases only their first names. Mrs Lindqvist also described, in a mildly humorous manner, the jobs held by her colleagues and their hobbies. In many cases family circumstances and telephone numbers and other matters were mentioned. She also stated that one colleague had injured her foot and was on half-time on medical grounds.

 

 

Regards

 

Paul

 

 

I believe you're right.  I'm sure Chris Pounder wrote an article about this saying that as soon as it's put online photos/videos etc it is ineligible for the 'domestic purposes' exemption because of the European Court of Justice (ECJ) ruling in a case involving Lindqvist.

Worth a look?

Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria  LA14 2LD
Tel:  01229 876452
Fax: 01229 876515

Did you know that under Freedom of Information Act 2000, an email can form part of a response for information?

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Joe Sutton
Sent: 12 November 2010 11:41
To: [log in to unmask]
Subject: Re: [data-protection] Facebook

 

Wasn't one of the findings of the Lindqvist judgement that the domestic purposes exemption was lost when posting information online that may be seen by an indefinite number of people? Or am I misremembering / misinterpreting something?

 

Not that I feel you should take that approach as its quite heavy handed. I believe merely pointing any disgruntled parents to the report function on Facebook at letting them take it forward should be enough, and as people have suggested maybe offering some polite guidance around good manners...

 

Joe Sutton
ICT Operations Coordinator
Somer Housing Group
(01225) 36 6059

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