Judgment Approved by the court for handing down.
R (Bridges) -v- CC South Wales & ors
(8) Principle 8 is that personal data shall not be transferred outside the European
Economic Area unless the country ensures an adequate level of protection.
5.
Schedule 2 included the following conditions:
“1. The data subject has given his consent to the processing.
…
5. The processing is necessary—
(a) for the administration of justice,
(b) for the exercise of any functions conferred on any person
by or under any enactment,
(c) for the exercise of any functions of the Crown, a Minister
of the Crown or a government department, or
(d) for the exercise of any other functions of a public nature
exercised in the public interest by any person.”
6.
The DPA 1998 did not contain any definition of biometric data; nor was such data
included within the definition of sensitive personal data within section 2 of the DPA
1998.
Protection of Freedoms Act 2012 ("PFA 2012")
7.
Chapter I of Part 2 of the PFA 2012 makes provision for the “Regulation of CCTV and
Other Surveillance Camera Technology”. The relevant provisions of the PFA 2012
relate to the overt use of “surveillance camera systems” in public places by “relevant
authorities” in England and Wales.
8.
Section 29(1) mandates the Secretary of State to prepare a code of practice containing
guidance about surveillance camera systems. Section 29(5) requires consultation with
the National Police Chief's Council, the Information Commissioner, the Investigatory
Powers Commissioner, the Surveillance Camera Commissioner, the Welsh Ministers
and other persons the Secretary of State considers appropriate.
9.
Section 29(6) provides that a surveillance camera system means:
“(a) closed circuit television or automatic number plate
recognition systems,
(b) any other systems for recording or viewing visual images for
surveillance purposes,
(c) any systems for storing, receiving, transmitting, processing
or checking images or information obtained by systems falling
within paragraph (a) or (b), or