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« D-Day for the Domestic Purpose exemption and the use of CCTV installed at home | Main | Italian Data Protection Regulation text exposes Member States disharmony; risk of weaker protection for data subjects increases »

16/12/2014

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What about stills? Is it just video that is affected? If I see a crime and take a photo and give it to the police, is that illegal?

Would it be legal to provide the Police with a series of stills taken from video footage?

If the police asked you for the video in the course of an investigation, as opposed to you offering it, would that be legal?

What about time-lapse data? Is that video or a series of stills?

It is all a bit of a mess.

I go out and see a crime and take photos of it, there is no data protection issue

(a) I have a Schedule 2 grounds for taking the photo (e.g. para 5 or 6 of Sched 2)
(b) I do not need to tell the data subject (the criminal) as there is an exemption from fairness provisions (see S.29(1))
(c) The disclosure to the police falls within S.29(3) of the DPA and exempts Principles that could inhibit disclosure.

Now suppose I have a home CCTV: the same (a), (b), (c) would happen if I disclosed stills from my home CCTV to the police

However, there is a disclosure to the police and the person under surveillance would know this.

I would then need to account for the taking of CCTV images where there was no crime.

It is this processing that the ECJ has decided does not qualify for the domestic purpose exemption

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