Fair point.
To address the direct question, I find it remarkable that an organisation
could think it appropriate to block or inhibit the subject from using
material obtained in this way from being used because of an ostensible DP
breach. In my opinion, as long as the subject is using the recording for
their own case, domestic purposes would unquestionably apply.
Even if it didn't, only a covert recording would be remotely problematic -
recording an interview or transaction is plainly a legitimate interest with
no corresponding prejudice for the workers involved. They would be acting
in a professional, rather than a personal capacity, and should expect to be
accountable for what they have said or done. One of GDPR's underlying
themes is the power imbalance between controller and subject and how to
address it. I think organisations should adapt to the prevalence of
recording devices and accept them as part of their relationship with
subjects.
Tim Turner
On Wed, 21 Dec 2016 at 13:20, Andrew Goodfellow-Swaap <
[log in to unmask]> wrote:
> Thanks Tim.
>
> I feel the discussion is moving away a little from the original question;
> namely, 'Would disclosure to the local authority for the purpose of
> attempting to get the authority to change its mind on an issue, fall
> outside of 'domestic purposes'?
>
> I'm happy with Owen's point that, once in possession of the LA, the
> domestic purposes exemption doesn't apply, but it is the specific act of
> disclosure that I'm less certain on.
>
> Thanks,
>
> Andrew
>
>
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