It’s been Halloween. This is the time of year that I get dressed up by Ian to look stupid. And do you know what? I let him do it on the basis that I might get a biscuit. How shallow is that!
This year I dressed up as a ghost by putting a tablecloth over me and then Ian put a plastic bucket on my head and took my picture.
Now, I have been doing sum research on photos and stuff using Ian’s Practical Law subscription (don’t tell him), and it appears that a photo of me is capable of amounting to personal data under the Data Protection Act 1998 if I am identifiable from the photograph. This probably means that the ghoul photo is okay, but the one with a bucket on my hed is definitely me.
Whilst consent is not always required for the processing of personal data the purpose for which the images are to be used may be relevant. And the purpose in this case… to make me look like a blinking idiot.
So what can I do about it?
Well I could write to the Information Commissioner’s office about misuse of my photo, or bring a claim before County Court for breach of the DPA.
Is anyone out there willing to do this on a pro bonio basis?
For more information on the Data Protection Act or just to talk about how awful life is contact me on 01278 732228 or firstname.lastname@example.org