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Data protection and helmet cameras

Discussion in 'Commuting' started by magnatom, 16 Jun 2008.

  1. magnatom

    magnatom Guest

    A while back there were a number posters here and elsewhere who were questioning the legality of filming in public, specifically with regards to data protection.

    As a result of this I entered into (e-mail) discussions with the Information Commissioner's Office (specifically the Edinburgh branch) to try and clarify the legality of helmet camera usage and, more controversially the posting of footage on sites like youtube.

    The first reply I received suggested that by filming and posting on the web I was possibly breaching the data protection act and that I would need to register as a data controller. (You may have noticed that at the time a few of my videos disappeared as they identified people, so I thought it prudent to be careful).

    However, following further discussion and consideration by the commissioner's office they have suggested that this is not the case. They are suggesting that filming using a helmet camera is exempt from the act under recreational use. This also means that from a data protection point of view there are no problems with posting videos that identify people (so long as the use is not commercial in any way).

    Obviously you still need to be careful that you do not break any other laws (i.e. libel etc), however, if anyone says that you are breaking data protection act when you are filming you could always quote the information commissioners office:

    we have determined that it is likely that it would be considered as recreational and your use as outlined in your original e-mail would therefore come within the bounds of the exemption.
    This means that you are not required to be notified, nor do you require any warning signs alerting people to the fact that you are recording their images. Moreover, you are also free to up-load the images as before.


    and


    There is an exemption from the requirement to comply with the eight data protection principles (and the requirement to notify the Commissioner) where personal information is processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes). This exemption falls under Section 36 of the Data Protection Act 1998 (the Act).

    Where the exemption applies, because you are only using the information you have collected in your personal capacity within the limitations of this exemption, you would not therefore be required by the Act to notify individuals that you are collecting their personal information, or to obtain their consent to process it.


    If anyone is interested I can post here, or supply you with the full correspondence that I had with the ICO. Of course I did check with them that I was within my rights to do this!! :biggrin:
     
  2. yello

    yello Guru

    Hmmm, interesting. A result for you magnatom (and others) I would say.

    I am surprised that they can classify the activity as "recreational" but they're the authority on it so it matters not what I think!
     
  3. Regulator

    Regulator Treachery is noble when aimed at tyranny.

    I hate to tell you now - but I could've told you that! ;)


    (I was the data controller and Data Protection Act specialist for a public body in a former job)
     
  4. skwerl

    skwerl New Member

    Location:
    London
    you're also covered by the "news and current affairs" exemption, I would have thought
     
  5. domtyler

    domtyler Über Member

    Why would you be surprised? In what other capacity is he recording these images?
     
  6. domtyler

    domtyler Über Member

    Does this need to be stickified?
     
  7. OP
    OP
    magnatom

    magnatom Guest

    Ah, but it is nice to have it from the horse's mouth. It just means the next time someone tries to use this argument against using helmet cameras we can provide quotes! :biggrin:
     
  8. hackbike 6

    hackbike 6 New Member

    Location:
    The Mile End Road.
    If people didn't drive like twonks and endanger my safety then I wouldn't use a cam.

    I think they are invading my civil liberties.

    Oh yeah mobiles while driving...why?

    Surely while endangering everyone else out on the road you may be endangering yourself.(doh)

    I wouldn't mind getting a proper helmet cam so I could use this footage if needed against such irresponsible driving.
     
  9. OP
    OP
    magnatom

    magnatom Guest

    I thought you'd decided not to use it any more hackers?
     
  10. yello

    yello Guru

    Oh, I don't know... a number of possibilities that don't seem 'recreational' to me. Perhaps to identify people that might cause injury or incident, or a kind of proof in the event of litigation, or even a 'name-and-shame' kind of thing or showing examples of bad driving.

    I hasten to add that I have no problem whatsoever with it, just can't see it as a recreation!
     
  11. hackbike 6

    hackbike 6 New Member

    Location:
    The Mile End Road.
    I still use it but generally in the rush hour.Never stopped filming just discontinued my U-Tube account.

    Shame I didnt have it on when I fell off the other day.;)

    They can come in handy if the put the willies up bad drivers.
     
  12. OP
    OP
    magnatom

    magnatom Guest

    I missed that. What happened? Are you ok?
     
  13. hackbike 6

    hackbike 6 New Member

    Location:
    The Mile End Road.
    Well it will learn me for stopping at traffic lights.

    Pulling away from Aldgate chain jumped and I was out of the seat so I went over the handle bars.

    Right in the middle of the rush hour.

    What a poseur.;)
     
  14. OP
    OP
    magnatom

    magnatom Guest

    Ouch! Of course had you not stopped at the lights it could have been worse....
     
  15. hackbike 6

    hackbike 6 New Member

    Location:
    The Mile End Road.
    Aye but thankfully the bike recovered fully.;)