Bob walks past the front entrance of the embassy of the republic of Zwakilostan which is somehow under diplomatic protocols Zwakilostani sovereign territory. The cameras point outside toward the road but feed into storage systems within the sovereign diplomatic mission. Does the data protection act apply to the resultant footage containing Bob?
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3Embassies are not sovereign territory of the represented country. Regardless, whether the data protection act applies is not significant, however, because even if it does, there is no way to enforce it on account of the inviolability of the diplomatic mission and the immunity of its personnel. Do you still want to know whether the data protection act applies? If so, are you asking for an analysis of the data protection act or of diplomatic privileges and immunities?– phoogCommented Oct 1, 2023 at 21:44
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Thanks, I would say I’m interested in an analysis that addresses both aspects to reach the practical position in reality.– TylerDurdenCommented Oct 1, 2023 at 23:26
1 Answer
The cameras point outside toward the road but feed into storage systems within the sovereign diplomatic mission.
They are not within the 'sovereign diplomatic mission' but within the inviolable diplomatic mission.
Does the data protection act apply to the resultant footage containing Bob?
Yes, because the premises of an embassy (or consulate) are within the territory of the host country (receiving State) and therefore all laws of the host country apply.
For embassies:
- these laws, however, cannot be enforced within the premises of the embassy without the permission of the head of the mission
Vienna Convention on Diplomatic Relations 1961
Article 22
- The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.
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For consulates:
- these laws, however, cannot be enforced within the portions of the premises of the consulate that are exclusively used for consulate activities without the permission of the head of the mission
Vienna Convention on Consular Relations 1964
Article 31
- Consular premises shall be inviolable to the extent provided in this Article.
- The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designator of the head of the diplomatic mission of the sending State. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action.
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2022-10-17: Hong Kong protester dragged into Manchester Chinese consulate grounds and beaten up - BBC News
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One police officer entered the consulate grounds and pulled the man who had been dragged inside back out.At least eight men - some of whom were wearing helmets and protective vests - then returned to the consulate building.
The consulate is on UK soil, but cannot be entered without consent.
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The last statement would be true for an embassy, but is not true for a consulate.
The police officer was authorised to enter the grounds of the consulate since the grounds themselfs are not used exclusively for the purpose of the work of the consular post.
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It seems worth noting as well that data controllers’ jurisdictions do not determine subject access rights but rather whether or not they serve and target data subjects within a Gdpr governed jurisdiction Commented Oct 2, 2023 at 13:00