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   

 

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