Council claiming.

[Deleted User]

Hi, Hoping that someone out there has some knowledge of GDPR 🙏🏻 

[Deleted User]

If it's just a property and a car, then it's not covered by the DPA.

powerful_Rogue

[Deleted User] said:

Hi, Hoping that someone out there has some knowledge of GDPR 🙏🏻 
On 17th June the council accessed my property for a site visit without my permission or knowledge (to do with a planning application) and took photos of my property I only knew as one of my children became concerned and informed me.  On 6th July due to some issues with the council I requested my GDPR.  When I received this the photos were missing.  I queried this and after lots of back
and fourth 6 weeks later the photos were located.  The council told me that that they didn’t provide them as they weren’t GDPR.  The photos show my property with my full address.  One of the photos also shows my car and registration abet with the Road name not my house number.  I have no idea if these were the only photos as there has been no offer to provide the memory card or to delete the photos.  Are the council correct?  Thank you so much 

How do you know they have these specfic photos?

user1977

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

Ath_Wat

I am completely in the dark as to why you care or what redress you believe you have.  Are you under the impression nobody can take a photo of your house without your permission?  

powerful_Rogue

Fragglekid38 said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  If you go on street view etc all the number plates are blurred out. 

If these are all photos taken in public, then there is no right to privacy. I could come and take pictures of the front of your house/car and it's perfectly legal and I wouldn't need your permission. I also don't have to give you a copy of these photos.

[Deleted User]

[Deleted User] said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  

Why would someone want to trace the owner of a car in a particular photo, rather than one of the other hundreds of cars they may see in a day, or the millions online?

MarvinDay

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

Car number plates are covered by the GDPR regulations, especially as the council already hold other personal information covering the OP (such as their address)
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/can-we-identify-an-individual-indirectly/

What kind of information could allow an individual to be indirectly identified?

The following is a non-exhaustive list of information that could constitute personal data on the basis that it allows for an individual to be singled out from others:

• car registration number and/or VIN;
• national insurance number;
• passport number; or
• a combination of significant criteria (eg age, occupation, place of residence).

The key point of indirect identifiability is when information is combined with other information that then distinguishes and allows for the identification of an individual.

user1977

[Deleted User] said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  If you go on street view etc all the number plates are blurred out. 

But it's a photo of the car at its "home" address, yes? A car which anybody else could see if they went to the house? I don't follow what the concern is really.

user1977

MarvinDay said:

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

Car number plates are covered by the GDPR regulations, especially as the council already hold other personal information covering the OP (such as their address)
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/can-we-identify-an-individual-indirectly/

What kind of information could allow an individual to be indirectly identified?

The following is a non-exhaustive list of information that could constitute personal data on the basis that it allows for an individual to be singled out from others:

• car registration number and/or VIN;
• national insurance number;
• passport number; or
• a combination of significant criteria (eg age, occupation, place of residence).

The key point of indirect identifiability is when information is combined with other information that then distinguishes and allows for the identification of an individual.

They're not however likely to know that the registration number is the OP's personal data, so I don't think it falls within a data subject access request.

Ath_Wat

How big is your property?  Are these photos that could not be obtained from outside?