Connections 321 - Sat 27 April
Quizzes & Puzzles18 mins ago
Legality Of Dash Cams
23 Answers
These cameras seem to be one of the hot items at the moment and I can see the benefits of having one if you are involved in an accident. I`m wondering about the legality though of just filming all and sundry when nothing is happening. PACE is quite specific on how evidence can be gathered by CCTV so where do we stand if you catch an illegal act other than an accident in which you are involved. I can think of several sorts of abuse where you could misuse them to.
Answers
With certain very limited exceptions (relating to matters as varied as the Official Secrets Act, indecent images of children and CCTV on commercial premises) anyone is free to photograph (using either still or moving images) whomever and whatever they like as long as they (or their cameras) are located: (a) on their own property ; or (b) on property where...
19:20 Mon 17th Aug 2015
Good timing! Here's one in the Telegraph today. What a nice chap
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With certain very limited exceptions (relating to matters as varied as the Official Secrets Act, indecent images of children and CCTV on commercial premises) anyone is free to photograph (using either still or moving images) whomever and whatever they like as long as they (or their cameras) are located:
(a) on their own property ; or
(b) on property where they've been granted permission for photography ; or
(c) in a public place.
Even if they take photographs (or record videos) elsewhere, it's only a civil matter, not a criminal one.
So, for example, it's perfectly lawful to film passers-by from your house. Similarly, you can stand in the street and film people in their front garden or (through their windows) inside their houses. Even if you walked into their front gardens, and continued filming them from there, you would not have committed any criminal offence.
So it follows that it's perfectly lawful to film whatever is going on around you from within your own car, which (as it's on the public highway) counts as being in a public place. It could technically be argued that you would need Asda's permission to continue filming once you drove your car into their car park but
(a) plenty of people take photographs inside Asda anyway (with no problems, other possibly than being admonished by the security staff) ; and
(b) as it's only a civil matter, Asda would find it difficult to sue you because they'd not suffered any loss through your actions.
When street disturbances (or other public visible offences) occur it's now fairly common for people to reach for their cameras (or mobile phones) in order to record the incidents. No court would rule such evidence as inadmissible, so I can't see how evidence from dash cams would be treated in any other way.
(a) on their own property ; or
(b) on property where they've been granted permission for photography ; or
(c) in a public place.
Even if they take photographs (or record videos) elsewhere, it's only a civil matter, not a criminal one.
So, for example, it's perfectly lawful to film passers-by from your house. Similarly, you can stand in the street and film people in their front garden or (through their windows) inside their houses. Even if you walked into their front gardens, and continued filming them from there, you would not have committed any criminal offence.
So it follows that it's perfectly lawful to film whatever is going on around you from within your own car, which (as it's on the public highway) counts as being in a public place. It could technically be argued that you would need Asda's permission to continue filming once you drove your car into their car park but
(a) plenty of people take photographs inside Asda anyway (with no problems, other possibly than being admonished by the security staff) ; and
(b) as it's only a civil matter, Asda would find it difficult to sue you because they'd not suffered any loss through your actions.
When street disturbances (or other public visible offences) occur it's now fairly common for people to reach for their cameras (or mobile phones) in order to record the incidents. No court would rule such evidence as inadmissible, so I can't see how evidence from dash cams would be treated in any other way.
Exactly as 'Chico says. There is nothing to prevent anybody doing this (whether he's wearing a mac or not). If he goes on to use the images for nefarious purposes (though it would be difficult to say what they might be since they would presumably be of fully clothed children simply going about their daily routine) he may be guilty of an offence. But it is not illegal to film children in a public place.
Recent popular culture has given people to believe that taking photographs of children without permission is illegal. But it is not provided the conditions that ‘Chico has explained prevail.
Recent popular culture has given people to believe that taking photographs of children without permission is illegal. But it is not provided the conditions that ‘Chico has explained prevail.
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