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I understand what you are saying, but I am not sure I would buy that. A DVD by implication should mean that a master copy is kept. If there are questions in court as to the efficacy of the recordings, then they could arrange a secure transit of the original (or an unencypted DVD) for court purposes as and when required, surely?

 

Simon.

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Dan Palmer-Dunk
Sent: 04 May 2017 15:37
To: [log in to unmask]
Subject: Re: [data-protection] Another DPA Fine

 

It’s been a little while since I was involved in this area, but from memory I think encryption would perhaps have implications for the continuity of evidence when presented at court.

 

Best Regards,

 

 

 

Dan Palmer-Dunk

Information Compliance Officer

University of Hull

Hull, HU6 7RX

www.hull.ac.uk

01482 466594

 

From: Tim Turner [mailto:[log in to unmask]]
Sent: 04 May 2017 15:23
To: [log in to unmask]
Subject: Re: [data-protection] Another DPA Fine

 

I agree. The lack of rigour in this decision is remarkable and worrying. I'd like to see their explanation of why encryption isn't possible - or is this just something the Data Controller told them?

Tim Turner

On Thu, 4 May 2017 at 14:17, Jon Baines <[log in to unmask]> wrote:

I have to say I'm rather gobsmacked by this. GMP were fined the same amount in 2012 after the theft of an unencrypted USB drive and the revelation that these had been rife across the force for the previous few years. Yet here, from 2009 to 2015, they were *posting* unencrypted DVDs containing about the most sensitive information imaginable. The MPN says that the  ICO "understands that a technical solution such as encryption or remote access was not an option", but doesn’t explain why on earth not?

But even more remarkable the ICO says that if the DVDs had been sent unencrypted by Special Delivery (as opposed to Recorded Delivery) and been lost, it would have been OK!

As I said on Twitter earlier today - if I found out someone had been sending unencrypted interview footage of the victims of violent and sexual crimes through the post, Special Delivery or not, I'd have them dismissed. Yet ICO is effectively sanctioning it.

Jon Baines,
Chair,
nadpo.co.uk

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