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!!
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!!
