It will be interesting to see the ICO's take on this if asked. Certainly
if one applies the ICO technical guidance note I think it is very
difficult to conclude that this is personal data in the hands of Google.
It looks for example very close to the paragraph "... data in the
electronic image taken by the journalist is unlikely to contain personal
data about individuals in the crowd as it is not being processed to
learn anything about an identifiable individual."
It may even fail at Q1 "Can a living individual be identified from the
data, or, from the data and other information in the possession of, or
likely to come into the possession of, the data controller?" - people
viewing it on the internet may be able to identify someone. Doubtful if
Google as Data Controller can !
Of course there is a problem that the DPA definition - concentrating on
the knowledge of the Data Controller does not quite square with the EU
directive ...
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
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Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 04 July 2008 11:50
To: [log in to unmask]
Subject: Re: [data-protection] DPA and Google Streetview
In message
<[log in to unmask]>, at
11:24:28 on Fri, 4 Jul 2008, "Healy, Susan"
<[log in to unmask]> writes
>This might interest list members.
>
>http://news.bbc.co.uk/1/hi/technology/7488524.stm
It's interesting that Privacy International thinks the tipping point is
"commercial use" of the photos. So non-commercial stuff on Flickr et al
is OK? Are they conflating it with "domestic use"?
If they actually deploy it, do list members think that blurred faces is
sufficient, or indeed necessary, protection?
--
Roland Perry
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