Photo deals to bypass data protection laws

Derbyshire hosts have a novel way of sharing photos of people who are banned from pubs without the risk of breaking data protection laws.

Anyone who receives a pubwatch ban can have the length of the ban reduced if they hand over two passport-sized photographs.

Because the photos are surrendered voluntarily, licensees do not have to adhere to the same data-protection laws as is the case when pictures are taken from other places, such as CCTV footage or police files.

The scheme operates at seven pubwatch groups in Derbyshire, including Ripley and Long Eaton. Police hope to expand it to other parts of the county.

PC Mick Baker, a licensing enforcement officer in Derby-shire, said yobs can typically get three months taken off a one-year ban, or six months off a two-year ban, if they agree to surrender photos.

"The biggest question when a pubwatch ban occurs is how will licensees know what the [banned person] looks like. This system means members are fully aware," said Baker.

National Pubwatch secretary Malcolm Eidmans said the scheme "absolves licensees of the conditions imposed by the Data Protection Act".

Confusion still surrounds the issue of whether circulating photos of people with pubwatch bans is a breach of the Data Protection Act, if the banned person does not surrender the photos voluntarily.

A spokeswoman for the Information Commissioner's Office, the body in charge of protecting personal information, said there is "no hard and fast rule" on the issue.

She said pubs should adopt a "common sense" approach and ensure they have a system in place whereby the photos are only used for the intended purpose. The procedure should be recorded and monitored.

Eidmans added: "Most pubwatches tend to rely on police advice, so it's very important the police have a protocol applicable to the Data Protection Act."

Licensees can check if their system of sharing photos adheres to data protection rules by calling the Data Protection Helpline on 01625 545745.