Good Morning,
I think the difference here is the information provided.
The first scenario, given the lack of additional context I would pixelate.
Scenario 2, I would use the Crime prevention clause to provide on police request.
Scenario 3, as Sir David is a public figure there is an expectation that his privacy is not as secure as Joe Public, therefore there would be limited risk in disclosing the video snippet as a memento for the requesting fan. Contentious? Maybe.
Steven Bond | Information Rights Analyst Information Rights, University Secretary’s Office The Open University, Level 5, Charles Pinfold Building, Walton Hall, Milton Keynes, MK7 6AA
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 15 April 2019 18:26
To: [log in to unmask]
Subject: [data-protection] CCTV to pixilate or not some scenarios
Dear All,
There is a debate, as there was many years ago, about whether or not personal data in the public domain needs to be pixilated for a SAR.
Here are some scenarios.
Person A is at a bus station. Persons B and C come up to Person A. They have a conversation for a few minutes.
Person A makes a SAR a few days later for the footage of that meeting.
Do you 1) provide unredacted or 2) provide but pixilate B and C?
If you do 1 are B and C's rights and freedoms harmed by disclosing to A?
If you do 2 why are you withholding information that is already known to A?
Second scenario
Person A alleges that Persons B and C threatened them and harassed them and requests footage to take to the police.
Do you 1) provide unredacted, or 2) provide but pixilate B and C or 3) refuse to provide to A and send to the Police under your proactive powers to prevent and detect crime (old section 29 new 212 ie schedule 2 Section 1 paragraph 2? (you refuse to provide to A because providing it could prejudice Police investigation.
Third scenario
Person A is standing next to Sir David Beckham at the bus stop and asks for his autograph. Sir David obliges. Person A asks for a copy of the CCTV footage.
Do you 1) provide it unredacted or 2) provide but pixilate Sir David?
If you do 2 why are you withholding information that is already known to A?
Final question.
How do you differentiate between the first scenario and the second especially if Person A does not tell you they were harassed? Is it now redact as we assume that anyone in the public domain will have their rights and freedoms harmed by disclosure under a SAR?
Thanks
Lawrence
Lawrence Serewicz
Information and Records Manager
Durham County Council
Room 143/148 Floor 4
County Hall
Durham
County Durham
DH1 5UF
03000 268 038
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