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Information Commissioner publishes good practice notes

OUT-LAW News, 08/12/2005

The Information Commissioner’s Office (ICO) has published a series of user-friendly guides, designed to answer frequently asked questions about the application of data protection to everyday situations like email marketing and CCTV.

The series currently contains eight pieces of guidance and several more are planned for the coming months.

Topics covered to date include email marketing, right of access to examination records, providing account information to third parties, taking photos in schools, telephone marketing by political parties, CCTV, charities and marketing, and disclosing information about tenants.

A note on data protection myths and realities has also been published on the Information Commissioner’s website to help highlight common misunderstandings.

Assistant Commissioner Phil Jones said: “We want to provide a practical, clear set of advice to help individuals understand their rights in everyday situations and ensure organisations don’t use the Data Protection Act as an excuse not to do something, but rather see it as good business sense to treat their customers and their information with respect."

The watchdog has also clarified the seasonal question of whether data protection prevents parents from taking photographs of their child and friends at the annual school nativity play. The answer: photographs taken purely for personal use are exempt from the Data Protection Act.

Assistant Commissioner Jonathan Bamford explained:

“Parents, friends and family members can take photographs of their child and friends participating in school activities for the family album. They can also film events at school. Fear of breaching the provisions of the Data Protection Act should not be wrongly used to stop people taking photographs or filming videos.”

The Data Protection Act does apply where photographs are taken for official use by schools and colleges, such as for identity passes, and where these images are stored with personal details such as names.

In the very small number of circumstances where the Data Protection Act does apply, says the ICO, it will usually be enough to ensure compliance if the photographer seeks permission. Photographs taken by the media are usually exempt from the Act.

Further details can be found in the Good Practice Note on taking photos in schools.

 

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