On another tack - does everyone think Lindqvist would have been decided
quite the same today ?
This was a November 2003 judgement. One of the key passages was "That
exception must therefore be interpreted as relating only to activities
which are carried out in the course of private or family life of
individuals, which is clearly not the case with the processing of
personal data consisting in publication on the internet ".
But this was pre-Facebook (2004). MySpace was only 3 months old (and
possibly did not exist when the arguments were heard which would have
been earlier than November). The 21st century concept of conducting your
domestic life on-line was probably beyond most peoples imagination then.
The first commercial deployment of camera phones was not until 2004 (at
least according to Wikipedia) .
Mrs L was of course publishing a parish magazine "religious or
charitable purpose" according to the Court - not domestic.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask] <mailto:[log in to unmask]>
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Fax: 029 2087 3349
"Data protection officers ... are front-line not back-office staff ...
the midst of a recession is not the time to be taking risks with data
and with public information ... "
Christopher Graham, Information Commissioner
________________________________
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 15:41
To: [log in to unmask]
Subject: Re: [data-protection] Facebook
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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