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Nic, Owen

Are you not confusing identifiability with 'relating to' ? Under s1 definition there is no requirement that the data controller can identify the data subject. I was in London last week and am no doubt on various CCTV tapes. I am identifiable from those images and this meets the first part of the definition, even if no-one in the various data controllers are ever likely to be able to identify me unless I approach them and identify myself. However if the images meet the 'relate to' criteria (depending on what I was up to) they are ceratinly processing my pd from the very beginning.

 

----- Original Message -----

From: Owen Thomas

Sent: 07/30/13 11:19 AM

To: [log in to unmask]

Subject: Re: [data-protection] CCTV

 
This actually gets interesting if you think about it in terms of the definition of personal data. 

In an RTA case where the collider drives off, CCTV footage might show the individual, their vehicle / registration and possibly face - but unless the data controller has other info that would allow identification of that person, it's not 100% clear that the footage would necessarily be the personal data of said scallywag. 

The victim, however, comes to the data controller with details of his vehicle, proof of ownership (or, at least, a copy of the V5 in his name), proof of his own ID and details of when and where his vehicle was damaged, which allows particular segment of CCTV footage to be isolated.  Footage then becomes the personal data of the victim, does it not? 

As such, does he not have Section 7 rights we should be considering here? 

Owen 

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