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I don't agree that vital interests are relevant here. There are restrictions on the use of this and generally speaking if there are other ways t protect an individual, then vital interests should not be relied upon. Plus it is not relevant if the individual can consent.

I'd therefore rely on a legal obligation where, if it can be supported, then the right to object is probably not relevant.

Simon Howarth.

-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Michelle Brown
Sent: 06 September 2018 12:06
To: [log in to unmask]
Subject: Re: [data-protection] Wednesday Wonderings

Hi Tony,

If the photo is needed for a medical condition (e.g. a serious food allergy and the kitchens need to know who not to serve that food to), then I would argue your legal basis is vital interests.

If it is a case by case safeguarding issue, then the exemption for safeguarding would apply, and this includes the exemption of some of the rights.

Best wishes,

Michelle

Michelle Brown
Information Manager
Transport for Greater Manchester

2 Piccadilly Place, Manchester M1 3BG
Direct line: 0161 244 1123, Extension 701123 www.tfgm.com 

Please do not print this email unless you really need to.

-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tony Sheppard
Sent: 06 September 2018 11:02
To: [log in to unmask]
Subject: Re: [data-protection] Wednesday Wonderings

So it is really a Right to Restrict whilst the lawful basis is assessed and changed where needed?

If there is an order from a Family Court restricting the use of the image of the child but the school need the image as the child has a medical condition which may require immediate identification, where would the school stand?

Tony Sheppard
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 06 September 2018 09:28
To: [log in to unmask]
Subject: Re: [data-protection] Wednesday Wonderings

Regardless of anything someone at ICO may have suggested the right to object does not even exist when the processing is based on legal obligation as Art 6 (1)(c) is not one of the triggering conditions of Art 21. So there are no times when it needs to be considered. It is also practically impossible to see how any of the triggering conditions for restriction in Art 18 could arise and certainly not condition (d). The photo will not be inaccurate, the processing cannot be unlawful (legal obligation) and the data is still needed (legal obligation).

Isn't the real problem here that you are all wrong in using legal obligation? The functions you mention may be legal obligations but I don't think any of them say "thou shalt keep a photo". Your post referring to it as fairly common suggest others manage otherwise

Surely the reality is it is 6(1)(e) or (f) - I leave you to decide whether these functions are part of your public task / official authority as it matters not for this issue - and the 'normal rules' under Art 21 and 18 apply? I also leave you to ponder the necessity test if the practice is not universal.

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