In a message dated 15/11/2002 12:26:40 GMT Standard Time, [log in to unmask]
writes:
> 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?
>
---------
This is obviously a circular argument, as we can see from the circles we are
drawing for ourselves. If the video producers are processing as part of a
relevant filing system (for example they index all their productions) then
they are processing personal data. If they sell the videos to you that is a
disclosure that would be covered by consent or by contract or by virtue of
the exemption for artistic purposes. If YOUR equipment does not have
auto-processing facilities then YOU are not processing personal data and you
need not register that fact.
Ian B
PS Like the circles that you find, in the windmills of your mind.
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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