Ok, so if Mr A puts a photo of Mrs B on Facebook and Mr A's privacy
settings mean anyone can see it, then Mr A is a data controller
If Mr A is a data controller, while he does not have to register with
the ICO, the DPA does apply to him.
If that is the case then he must meet on of the conditions in schedule 2
of the Act to be able to process the data
If this was done without Mrs B's permission then I can't see that this
processing meets any of the other conditions (I don't accept the
argument that in this day and age, by having your photo taken you accept
that it may be put on-line)
Therefore, by placing the photo on Facebook, has Mr A (and probably most
UK users of Facebook) breached the Act?
James Walkom
Regulatory Consultant
Jelf
Tel: 0117 315 6575
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 13:17
To: [log in to unmask]
Subject: Re: [data-protection] Facebook
"If the photos are placed on Facebook then only your friends can see
them "
That's not quite true- people can choose to set photographs as such, but
many leave their photographs viewable by all and sundry.
Quite an interesting point regarding becoming a Data controller as soon
as you publish personal data on the web. Surely you would not need to
register with the ICO due to the scope of your activities, but as it was
discussed on the list previously not needing to register is not the same
as not having obligations under the Act nor does it allow you to ignore
it?
Definitely turning into a Friday topic. I would typically expect it to
be handled by the host's (Facebook) normal procedures rather than
escalating to the point where you end up quoting the law and previous
judgements.
I suppose if I were to put someone's picture that I'd taken as part of
my personal life up on Facebook and get challenged on it, I'd argue in
the modern world that the person posing for me had reasonable knowledge
it would go online and the consent was implicit in posing for my camera.
I'd then no doubt end up with another moan once I'd posted something
deeply unflattering about that person following on from the exchange!
Joe Sutton
ICT Operations Coordinator
Somer Housing Group
(01225) 36 6059
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of James Walkom
Sent: 12 November 2010 12:37
To: [log in to unmask]
Subject: Re: [data-protection] Facebook
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?
James Walkom
Regulatory Consultant
Jelf
Tel: 0117 315 6575
________________________________
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
