Susan Graham on 15 November 2002 at 12:23 said:-
"My question wasn't with regard to CCTV...... My question was with regard to
other videos, eg commercial training videos we might use, or promotional
videos..."
You are quite correct regarding my misinterpretation on this question.
Does the artistic exemption not apply (section 32)?
Relating back to recital 17 of the directive:-
(17) Whereas, as far as the processing of sound and image data carried out
for purposes of journalism or the purposes of literary or artistic
expression is concerned, in particular in the audiovisual field, the
principles of the Directive are to apply in a restricted manner according to
the provisions laid down in Article 9;
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Susan Graham (7915
3722)
Sent: 15 November 2002 12:23
To: [log in to unmask]
Subject: FW: FW: Why are videos personal data?
My question wasn't with regard to CCTV, where previous discussions on this
list have suggested that the justification for their being personal data is
connected with their facilities for coding, scanning etc.
My question was with regard to other videos, eg commercial training videos
we might use, or promotional videos an organisation might produce which
include images of staff or customers but which are not stored in a manner
such that they form a 'set of information relating to
individuals...structured by reference to criteria relating to individuals in
such a way that specific information relating to a particular individual is
readily accessible'. There seems to be an assumption made that simply
because an item includes an image of a person, then it is 'personal data'.
I am interested in knowing:
1. Which DPA definition supports this assumption?
2. If all videos are personal data, then should those of us in organisations
who use commercial training videos be notifying that we do so?
Susan Graham.
[snip]
3722)
Sent: 14 November 2002 18:16
To: [log in to unmask]
Subject: Re: FW: Why are videos personal data?
The reference to 'recorded information held by a public authority' is one of
the amendments under the Freedom of Information Act. This amendment does
not come into force until 2005.
Under s 1(1)(c) the Act currently says, 'Is recorded as part of a relevant
filing system or with the intention that it should form part of a relevant
filing system'.
While I accept that a video will be personal data in 2005, I would like to
know why it should be treated as personal data now.
Susan Graham.
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 14 Nov 2002 17:09
To: [log in to unmask]
Subject: Re: FW: Why are videos personal data?
On 14 November 2002 at 16:53 Susan Graham said
"It is not sufficient for a video simply to contain
information which can identify the individual - the information first has to
meet one of the definitions of data."
If nothing else catches it:-
DPA 1998 section 1 (1)
"data"......(c) ......... of a relevant filing system, is recorded
information held by a public authority and does not fall within any
paragraphs (a) to (d).
"personal data" .... relate to a living individual who can be identified....
from those data and any other information.... or is likely to come into the
possession of the data controller.
In my opinion those definitions seems sufficiently extensive to catch almost
any data about living individuals.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Susan Graham (7915
3722)
Sent: 14 November 2002 16:53
To: [log in to unmask]
Subject: Re: FW: Why are videos personal data?
Can people actually sell their rights under the DPA? Even if someone agrees
to the use of personal data about them, that does not remove the need to
notify. I'd also be very surprised if actors' contracts include clauses
waiving their right to make subject access requests.
But no-one has yet answered my question as to why a video/cassette/film is
personal data. It is not sufficient for a video simply to contain
information which can identify the individual - the information first has to
meet one of the definitions of data. (The Freedom of Information Act
amendments in this area do not apply until 2005). The Act provides 4
definitions of 'data' and I cannot see which of these a video falls into,
unless it is part of a relevant filing system, or that pressing a play
button constitutes automatic operation in response to instructions given for
that purpose.
Susan Graham
[snip]
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