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GDPR and photos taken during a planning enforcement investigation

DS
Dean Stratford, modified 2 Months ago.

GDPR and photos taken during a planning enforcement investigation

New Member Posts: 2 Join Date: 29/03/22 Recent Posts

It has been brought to my attention that photographs I take during an enforcement investigation may be subject to GDPR and have to be deleted if the perpetrator requests (I currently have a case where the perpetrator has requested this). This sounds like nonsense to me, but can anyone clarify if this is the case as potentially the photographs could go to court as evidence if the perpetrator is prosecuted. Many thanks

SB
Susannah Buylla, modified 2 Months ago.

RE: GDPR and photos taken during a planning enforcement investigation

New Member Posts: 6 Join Date: 10/05/18 Recent Posts

Hi Dean,

In terms of GDPR that would only be if the perpetrator or other people are visible within the photos. As that is their personal data (their face). 

We have recently received an FOI for photos we took during a planning enforcement investigation. After taking legal advice we declined to share the photos under EIR as the  Authority may refuse to disclose information to the extent that its disclosure would adversely affect the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature.

I would suggest checking with your legal team - and checking if it's FOI/ EIR or GDPR they are asking for deletion of the photos. There may be means to keep the photos but erase the personal data from the photo? 

JM
Jo Murphy, modified 2 Months ago.

RE: GDPR and photos taken during a planning enforcement investigation

New Member Posts: 1 Join Date: 12/11/18 Recent Posts

Hi Dean - I would suggest you talk to your DPO or Data Protection lead without delay. If they have already made the request you only have a month to consider it and respond. The right to erasure (Art 17) has certain conditions, as does Art 21 the right to object.  It depends on whether the photos are or do contain pd and if so,  what your lawful basis for the processing is, whether the processing is still necessary in relation to the purposes for which the information was collected and is being processed. Deletion is not an automatic right but you do have to consider the request and if you can't comply, provide reasons and information on how they can refer the matter to the ICO if they are unhappy with your decision.

DS
Dean Stratford, modified 2 Months ago.

RE: GDPR and photos taken during a planning enforcement investigation

New Member Posts: 2 Join Date: 29/03/22 Recent Posts

Thanks for the advice.

 

Regards

Dean

NJ
Nick Johnson, modified 2 Months ago.

RE: GDPR and photos taken during a planning enforcement investigation

New Member Posts: 3 Join Date: 20/10/11 Recent Posts

Hi Not sure what the practical differences are, but I think  data protections for law enforcement purposes are covered by the Law Enforcement Directive not the GDPR. Presumably the directive recognises the different issues that law enforcement gives rise to. KR Nick