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Dash cam footage showing kids cycling past

  • 30-07-2019 8:58pm
    #1
    Registered Users, Registered Users 2 Posts: 339 ✭✭


    Hi All,
    This question has probably been asked and answered a million times but I can find anything specific in regards to minors so here goes....

    This evening I downloaded some footage from my front facing dash cam that I wish to share with the builder of the estate in order to justify/strengthen my case for a relatively minor request. However on review of the footage 3 small kids can be seen in the video on the road,not up close on screen and not v clearly,but I imagine their parents would recognise their helmets, clothes etc. The last thing I want to do is breach privacy data and upset parents in the area.
    So after that long winded monologue......would I get in trouble for sharing the video with the builder as it is (without pixelating the kids,I have literally zero experience with editing and have no idea how it's done).
    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    There are literally 100,000s of pictures of kids posted on public pages on social media every day and nobody turns a hair.
    As long as your not using the pictures to sell a product then there’s absolutely no issue.


  • Registered Users, Registered Users 2 Posts: 17,947 ✭✭✭✭fritzelly


    If using the dash cam is being used in the normal way a dash cam should be used then there is no GDPR issue - filming of kids ahead of you is incidental. While you may see many dash cams pixelate people or identifying marks as a private individual you are not into the realms of a data controller


  • Registered Users, Registered Users 2 Posts: 339 ✭✭fallen01angel


    fritzelly wrote: »
    If using the dash cam is being used in the normal way a dash cam should be used then there is no GDPR issue - filming of kids ahead of you is incidental. While you may see many dash cams pixelate people or identifying marks as a private individual you are not into the realms of a data controller

    I'm not doubting your response but could you explain how I'm not a data controller,I've just come across two articles(1 from the Irish Times and 1 from dataprotection.ie,unable to link the pages as I really am useless at this stuff) that state anyone in possession of a dash cam are seen as "data controllers ".

    Here is a quoted text from the website www.dataprotection.ie

    "EU data protection legislation recognises those who collect and process personal
    information of individuals (including images and voice recordings of people) as either
    “data controllers” or “data processors”. Clearly, in an everyday context, many of us
    process the personal information of our family and friends in many different scenarios.
    The legislation exempts this latter kind of processing under what is known as a
    “household exemption”. This makes common sense.
    However, case law from the highest Court in the EU makes it clear that this exemption
    must be construed narrowly. In its judgment in the case of Rynes vs Urad (2014), the
    Court of Justice of the European Union (CJEU) considered that:
    To the extent that video surveillance […] covers, even partially, a public space and is
    accordingly directed outwards from the private setting of the person processing the data
    in that manner, it cannot be regarded as an activity which is a purely ‘personal or
    household’ activity for the purposes of the second indent of Article 3(2) of Directive
    95/46.
    This case related to a fixed CCTV system, however it has clear implications for users of
    dash cams that record video and/or audio footage inside and outside of their vehicles."

    Would this not mean that dash cams are in fact a liability to the people that own them as opposed to a driving aid for which they would have been originally purchased for😱


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