Data Protection Act question

Morty_007

Hi All,
I wonder if someone could answer what I hope is a simple question...is a private professional photographer subject to the Data Protection Act and does that Act cover the photos that the photographer takes?

Thanks

Owain_Moneysaver

I'm not sure what a private professional photographer is, but anyone (with very limited exceptions) who collects personal information in the course of a business is subject to the DPA. There's an interactive thingy on ico.gov.uk which leads you through whether registration is required.

Personal information would include images, eg wedding photos etc, as well as facts relating to an individual, eg date/venue of wedding, names/addresses of relatives or guests ordering prints.

Morty_007

"Private, professional" (missing comma ) I just wanted to make the point that the guy is a professional photographer rather than a friend and that he is a private company, not a government body.

What sort of offense is a breach of the DPA? (Civil or criminal?) and how would I start proceedings?

RadoJo

It would probably be easier if you told us what has happened rather than hoping someone writes a post detailing the ramifications of every breach of the DPA and hoping one fits with your scenario. I'm assuming it's something to do with photographs being used/published rather than an abuse of someone's personal details, which may mean it's an issue of copyright rather than DPA.

KeithP

Usually prof. photographers retain the copyright of photos they take. They may give you a licence to use the photos though.

But as said above, that may be of no use as we don't know what the problem is.

Equaliser123

KeithP wrote: »

Usually prof. photographers retain the copyright of photos they take. They may give you a licence to use the photos though.

But as said above, that may be of no use as we don't know what the problem is.

not sure if this is a data protection or copyright question....?

moonrakerz

Is the OP saying that he considers that a photograph might fall under the DPA ?
I am trying to read between the lines here.........

With a few exceptions (State security, being ON private property), photographs can be taken of anyone or anything without the permission of a third party. Copyright may apply to those photos, this belongs to the photographer, not to the subject or the owner of the subject of the photograph.

I am slightly "amused" by the people who complain about their "privacy" being infringed by Google streetview but they don't seem to think that the rules they want imposed on Google should apply to them when they themselves are taking photographs !

Freddie_Snowbits

As a pro photographer, yes the DPA does apply to the data I hold, names and addresses.

As for the photographs, they are copyrighted to the photographer and not subject to the DPA

Photographers rights (and interesting aspects to freedom)

http://www.sirimo.co.uk/category/ukpr/

moonrakerz

Freddie_Snowbits wrote: »

As a pro photographer

Photographers rights (and interesting aspects to freedom)

http://www.sirimo.co.uk/category/ukpr/

You'll know all about the misuse of Sect 44 then ?

Morty_007

Thank you Freddie. I don't want to post the issue in full....too convoluted and I know this place well, i'm not in the mood to get into !!!!! fights. Just wanted a basic answer which Freddie was able to do. Cheers.
I'll have a read of your link too.