Laws on cameras

What about filming someone without their permission?

The police say that taking photographs or video footage in public places is not illegal unless it is for criminal or terrorist purposes.

Taking images of an individual without their  consent is usually a civil matter, as an expectation of privacy in certain settings is applicable.

Taking a photo of a person where they can expect privacy (inside their home or garden) is likely to be a breach of privacy laws. (https://www.thesun.co.uk/news/4093108/illegal-record-conversation-film-someone/, Harrison G., Parry, M. and Petkar S., 2019)

Freedom to photograph and film

Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel. (https://www.met.police.uk/advice/advice-and-information/ph/photography-advice/, 2020)

Generally you have the right to photograph anywhere that is public property, including public roads, footpaths, rights of way and between high and low tide at least if not the entire beach areas throughout the UK. Generally no person has the right of privacy of themselves or their property photographed from such a place.

On private property, that you have been granted access to, you can take photographs unless you are asked not to, or where in being granted access its not a contractual term that you do not take photographs, usually this is not a blanket restriction more of a commercial restriction on the use of the photographs.

You can be asked not to photograph on private property, or it can be made a condition of entry that you do not, however usually restrictions are not applied so widely but such items as commercial photography tends to be covered, so its not that they want to stop you taking photographs as much as seeing the potential to get cash out of those who they think will pay up. In many cases where photographers using better cameras get challenged, where others using point and shoot cameras, phones etc do not, its just that you look as if you might be doing something to make a pound or two, and lets face it the average security guard isn’t likely to know the difference between one photographer and another.

As a general guide if someone objects to what you are photographing, the best advice is to move on to another topic, after all there is no shortage of topics.  A police officer who asks you to move on, is a risk to you if you don’t do it, as you could find yourself in trouble for causing an obstruction. People using tripods often get problems partly because they are in one place longer and therefore there is more chance when seen on a security camera for people to get to you, but also some are concerned about the risks of someone tripping over the tripod legs.

No one, other than a police officer who takes it for evidence, can take your camera away,  and they are supposed to just take the card rather than the camera if you have taken it out of the camera , and no one can insist you delete photographs taken, but it’s a good idea to know how to hide images, see article on this,  as this satisfies most, and defuses situations. (http://www.photographers-resource.co.uk/photography/Legal/Access_Rights.htm, 2020)

I decided it would be a good idea to do a bit of research into taking pictures of people without them knowing in different areas, just to make sure that it is completely legal.

Now that I know I can take pictures in any public spaces I feel a lot more at ease, I also feel a bit better knowing that people can only film legally in public places and some only if they have permission. Although I feel this will still not stop those that are able to hack into computers and other camera systems… I have found from this project just how easy it is to hide a camera, although they are not as easy to get hold of. The cameras on Wish are not great quality and those on Amazon are not as hidden. There is always the possibility, however, of buying tiny cameras like I did and hiding them in places which is quite easy to do.

Either way, I now know that I can continue with this project without being worried of breaking the law!