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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