Judgment Approved by the court for handing down
R (Bridges) v CCSWP and SSHD
(5) Principle 5 is that the data may not be kept for longer than is necessary
for those purposes.
(6) Principle 6 is that personal data shall be processed in accordance with
the rights of data subjects under this Act.
(7) Principle 7 is that proper and proportionate technical and
organisational measures must be taken against the unauthorised or
unlawful “processing” of the data.
(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 Protection of Freedoms Act 2012 (“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.