Brenda,
However, if you have the signed forms and the audit trail you have a better defence than "They came in and saw it." I would think the Council would be in a better legal position if the forms and the framework were in place. The burden then is on the recipient. By letting them view it, the position is nebulous and uncertain. What did they see? How do you know what they saw and its effect? What responsibility have you placed on them by allowing them to see it?
If they have received the video then the burden of proof is on them to demonstrate that the material they received did not lead to the consequences. How do you demonstrate that your allowing them to view the footage in your building did not lead to an issue?
However, that leads us away from the main DPA issue. Is viewing disclosure? I think it is and if you are ok to disclose in one medium then why not another?
Happy to be corrected though as I want to know for next time.
Best,
Lawrence
-----Original Message-----
From: Scourfield, Brenda [mailto:[log in to unmask]]
Sent: 04 March 2011 13:35
To: Lawrence Serewicz
Cc: [log in to unmask]
Subject: RE: [data-protection] CCTV
Lawrence,
I see your point too - the only thing is by viewing they are unable to
reproduce it elsewhere. All the signed forms, letters prohibiting
further distribution cannot actually stop them, whatever the
consequences.
Thanks
Brenda
Brenda Scourfield
Team Leader
I.T.
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1TP
ext 5380
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 04 March 2011 13:25
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
Phillip,
I see your points and they are well made (as usual). However, I have to
disagree. The issue is about disclosure not the form or the content.
Allowing someone to view a video is disclosure just as releasing it to
them in a permanent form is a disclosure.
For example, the applicant may want to see video footage to confirm
whether something happened out of their immediate sight but on the CCTV
footage. (A bit far fetched but plausible) For example, their partner
talking with another person event though the applicant is the subject of
the SAR, they may be able to look at that footage to confirm the main
issue under the pretext of the secondary issue. You may not have given
them the video but by allowing them to see it you have disclosed that
information. The consequence may be that their suspicions are confirmed
and they then clout their partner or the other or both.
You will have to consider the consequences of disclosure and allowing
someone else to view it is disclosing it, if only to that person.
By allowing this approach, what is the limit? For example, are you
disclosing the personal information to the police if they just want to
view the video tape? For example, they come to the library and ask to
view the video tape to see if suspicious character X was in the library.
The issue revolves around disclosure and I would argue that if someone
views it you have disclosed it just as providing it in permanent form is
disclosure.
Happy to be corrected as I am eager to learn from this issue.
Best,
Lawrence
-----Original Message-----
From: Bradshaw, Phillip [mailto:[log in to unmask]]
Sent: 04 March 2011 13:09
To: Lawrence Serewicz; [log in to unmask]
Subject: RE: [data-protection] CCTV
"The ICO's view, over the telephone, was that if you are able to view
you should be able disclose."
I am happy to disagree with the IC on that issue. I can look at this two
ways
Disclosure involves applying a statutory test under s7 DPA, in which I
have to consider whether "it is reasonable in all the circumstances to
comply with the request without the consent of the other individual"
(s7(4)). One of those circumstances must be the consequences of
supplying "a copy of the information in permanent form" which I am
bound to supply if required under s8(2).
However if I do refuse then I can still allow viewing as long as I am
satisfied that this is fair and lawful using condition 6 - and I do not
have to factor in the consequences of supply. There is no reason at all
why I cannot legitimately reach the conclusion that there is no breach
in showing the tape to someone who was there. The two decisions are not
incompatible because the facts are different.
Alternatively I can ask the subject to agree to waive his rights to a
copy under s8(2)(b) and if he does so I can take that waiver into
account as one of the circumstances to be considered under s7(4) and
allow the SAR by communicating the data to him in an intelligible form
by letting him watch it on my premises.
In short, in my view (which is not to be taken as Cardiff Council's
view) , the IC is wrong.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY5C, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
**********************************************************************
Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not copy or deliver
this message to anyone. In such case, you should destroy this message
and kindly notify the sender by reply email. Please advise immediately
if you or your employer does not consent to Internet email for messages
of this kind. Opinions, conclusions and other information in this
message that do not relate to the official business of the Council of
the City and County of Cardiff shall be understood as neither given nor
endorsed by it. All e-mail sent to or from this address will be
processed by Cardiff County Councils Corporate E-mail system and may be
subject to scrutiny by someone other than the addressee.
**********************************************************************
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir
y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am
drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na
throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a
hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar
unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y
Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y
casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at
fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y
Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir
at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost
Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun
heblaw'r person a enwir.
**********************************************************************
--
Scanned by iCritical.
Help protect our environment by only printing this email if absolutely
necessary. The information it contains and any files transmitted with it
are confidential and are only intended for the person or organisation to
whom it is addressed. It may be unlawful for you to use, share or copy
the information, if you are not authorised to do so. If you receive this
email by mistake, please inform the person who sent it at the above
address and then delete the email from your system. Durham County
Council takes reasonable precautions to ensure that its emails are virus
free. However, we do not accept responsibility for any losses incurred
as a result of viruses we might transmit and recommend that you should
use your own virus checking procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**************************************************************************************************************
This document should only be read by those persons to whom it is addressed, and be used by them for its intended purpose; and must not otherwise be reproduced, copied, disseminated, disclosed, modified, distributed, published or actioned. If you have received this email in error, please notify us immediately by telephone on 01437 764551 and delete it from your computer immediately. This email address must not be passed on to any third party nor be used for any other purpose.
Pembrokeshire County Council Website - http://www.pembrokeshire.gov.uk
Please Note: Incoming and outgoing e-mail messages are routinely monitored for compliance with our IT Security, and Email/Internet Policy.
This signature also confirms that this email message has been swept for the presence of computer viruses and malicious code.
***************************************************************************************************************
Dim ond y sawl y mae'r ddogfen hon wedi'i chyfeirio atynt ddylai ei darllen, a'i defnyddio ganddynt ar gyfer ei dibenion bwriadedig; ac ni ddylid fel arall ei hatgynhyrchu, copio, lledaenu, datgelu, addasu, dosbarthu, cyhoeddi na'i rhoi ar waith chwaith. Os ydych chi wedi derbyn yr e-bost hwn trwy gamgymeriad, byddwch cystal a rhoi gwybod i ni ar unwaith trwy ffonio 01437 764551 a'i ddileu oddi ar eich cyfrifiadur ar unwaith. Ni ddylid rhoi'r cyfeiriad e-bost i unrhyw drydydd parti na'i ddefnyddio ar gyfer unrhyw ddiben arall chwaith.
Gwefan Cyngor Sir Penfro - http://www.pembrokeshire.gov.uk
Sylwer: Mae negeseuon e-bost sy’n cael eu hanfon a’u derbyn yn cael eu monitro’n rheolaidd ar gyfer cydymffurfio â’n Diogelwch TG, a’n Polisi E-bost/Rhyngrwyd.
Mae'r llofnod hwn hefyd yn cadarnhau bod y neges e-bost hon wedi cael ei harchwilio am fodolaeth firysau cyfrifiadurol a chod maleisus.
***************************************************************************************************************
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
