Lee,
Local authorities can make enquiries with DVLA and they may have registration as part of parking enforcement, parking permits, or blue badge schemes. (Depending on the data processing schemes associated with those programmes if outsourced).
There are a number of ways this information is likely to come into the possession of the data controller and along with other data it can be considered personal data.
In one sense reg numbers are more personal data than our faces in that my face, as such, is not searchable nor does the local authority hold it on any of its databases. By contrast my reg number is likely to be on a lot more databases associated with my name and address.
Whether the reg number is the personal data of the driver is another matter though. :)
Best
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer
Room 4/140
Durham County Council
DH1 5UF
0191-372-8371
----- Original Message -----
From: This list is for those interested in Data Protection issues <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Sent: Wed Mar 09 08:10:05 2011
Subject: Re: [data-protection] CCTV
But as a local authority would licence plates be personal data if you are
asked for CCTV footage? Do you have the additional information to identify
the registered keeper? Probably not so in that case it wouldn't be PD in
that context.
Possibly an over simplification and I accept it ignores the wrinkles in how
LAs often work but nonetheless it isn't as simple as saying license plates
are definitely personal data
Lee Gardiner
Data Protection & Freedom of Information Officer
Operational Risk Management
Lancashire Fire & Rescue Service
Service Headquarters
Garstang Road
Fulwood
Preston
PR2 3LH
01772 866903
07891 718879
[log in to unmask]
-----Original Message-----
From: Lawrence Serewicz [mailto:[log in to unmask]]
Sent: 08 March 2011 10:58
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
Ok, that may work and then you can say 1) fees limit (need to pixilate out
licence plates which are definitely personal information). There would be a
need to consider s.40(2) Personal information as a slice of time would
capture a lot of personal information, which would not have the same
consideration as an SAR where the disclosure is only to the applicant.
The disclosure of such footage under FOIA would be to the world and
therefore there would be issues around confidentiality given that the
footage is usually recorded only for specific purposes rather than as a live
feed from the site.
One could also make an argument relating to human rights in that the
proportionately of such disclosure would not sustain such disclosure since
it would be intrusive in a way that processing or recording for that
specific purpose (such as public safety) would not be disproportionate.
Best,
Lawrence
Principal Information Management Officer Durham County Council Room 4/140
County Hall County Durham
DH1 5UF
0191-372-8371
VPN 7777 8371
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 08 March 2011 10:45
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
And of course you always have to factor in that a savvy applicant will avoid
SAR entirely by just saying.
"Can I have a copy of the video output of any cameras which monitor junction
x between 2pm and 2.15 pm on Friday."
Pure FOI ...
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
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 08 March 2011 10:25
To: [log in to unmask]
Subject: Re: [data-protection] CCTV
Subject Access is a very special form of disclosure, because it is (I
think) the only time anyone can use the DPA to force you to disclose data to
them.
You have to make the disclosure regardless of any potential consequences if
you meet the tests for third party material (consent or "reasonable in all
the circumstances").
Allowing someone to view data outside the Subject Access provisions is a
disclosure that comes under the normal processing rules and I agree that the
sixth Schedule 2 Condition is the one to look at. So, if it is in the
legitimate interests of the person you are disclosing to, without
unwarranted prejudice to the rights, freedoms and legitimate interests of
the person whose data is being disclosed, you may - but don't have to
- disclose.
In this case, I think you could argue that it is in the complainant's
legitimate interests to see whether there is any CCTV footage that might
substantiate their claim, and that it doesn't unduly harm the other party.
After all, if there is no CCTV evidence it might save everyone the bother of
a 'his word against yours' argument and if there is evidence then that's
what the CCTV is there for, after all.
I suppose the alternative line would be for someone independent to view the
footage and decide whether there was enough evidence to take action anyway.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Lawrence Serewicz" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, March 04, 2011 1:24 PM
Subject: Re: 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
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