Phillip,
I see your points and they are well made (as usual). However, I have to disagree. The issue is about disclosure not the form or the content. Allowing someone to view a video is disclosure just as releasing it to them in a permanent form is a disclosure.
For example, the applicant may want to see video footage to confirm whether something happened out of their immediate sight but on the CCTV footage. (A bit far fetched but plausible) For example, their partner talking with another person event though the applicant is the subject of the SAR, they may be able to look at that footage to confirm the main issue under the pretext of the secondary issue. You may not have given them the video but by allowing them to see it you have disclosed that information. The consequence may be that their suspicions are confirmed and they then clout their partner or the other or both.
You will have to consider the consequences of disclosure and allowing someone else to view it is disclosing it, if only to that person.
By allowing this approach, what is the limit? For example, are you disclosing the personal information to the police if they just want to view the video tape? For example, they come to the library and ask to view the video tape to see if suspicious character X was in the library.
The issue revolves around disclosure and I would argue that if someone views it you have disclosed it just as providing it in permanent form is disclosure.
Happy to be corrected as I am eager to learn from this issue.
Best,
Lawrence
-----Original Message-----
From: Bradshaw, Phillip [mailto:[log in to unmask]]
Sent: 04 March 2011 13:09
To: Lawrence Serewicz; [log in to unmask]
Subject: RE: [data-protection] CCTV
"The ICO's view, over the telephone, was that if you are able to view
you should be able disclose."
I am happy to disagree with the IC on that issue. I can look at this two
ways
Disclosure involves applying a statutory test under s7 DPA, in which I
have to consider whether "it is reasonable in all the circumstances to
comply with the request without the consent of the other individual"
(s7(4)). One of those circumstances must be the consequences of
supplying "a copy of the information in permanent form" which I am
bound to supply if required under s8(2).
However if I do refuse then I can still allow viewing as long as I am
satisfied that this is fair and lawful using condition 6 - and I do not
have to factor in the consequences of supply. There is no reason at all
why I cannot legitimately reach the conclusion that there is no breach
in showing the tape to someone who was there. The two decisions are not
incompatible because the facts are different.
Alternatively I can ask the subject to agree to waive his rights to a
copy under s8(2)(b) and if he does so I can take that waiver into
account as one of the circumstances to be considered under s7(4) and
allow the SAR by communicating the data to him in an intelligible form
by letting him watch it on my premises.
In short, in my view (which is not to be taken as Cardiff Council's
view) , the IC is wrong.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY5C, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
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