rules filming in public

What are the laws when filming in public in the UK?

https://www.youtube.com/watch?v=v8bo9E429u8

https://www.youtube.com/watch?v=ezZ0C41Fw00

Middlesbrough Security Reaction to filming. And Special Agents too!!

Filming in public and people’s privacy There is a lot of misunderstanding and misinformation around filming and photography in public places. In this short article I will try to clarify a few points. Before I start I would like to point out, this is not a legal document and can’t be presented as part of a defence. I’m not a lawyer and have no qualifications for writing this stuff, other than a bit of research and 30 years’ experience. That experience has taught me it is always a good idea to ask permission to film, wherever you are. It’s also good manners to ask people if you can film them, explaining why you’re filming them. In Britain it is completely legal to film in public places and there is no law to prevent photographers and film-makers from creating images of the public. Various laws designed to improve national security and aid the prevention of terrorism have muddied the waters a bit, and some police officers have struggled to understand and interpret these laws properly. There are a lot of entertaining arguments between photographers and police officers on YouTube. It’s quite common for police officers to ask me what I’m doing and I always tell them. They often ask for my name and, although I am under no obligation to give it, I tell them. Why wouldn’t I? But nobody, not even a police officer, can confiscate footage or insist it is deleted. That requires a court order, so politely refuse and ask them to get one.

Public places vs privately owned land There is nothing to stop me setting up my camera in the city centre and pointing it at people, provided I am not on private property. So it’s important to know whether a location is public or private. Many places that are assumed to be public are, in fact, privately owned. A shopping centre is likely to be private property and the public is only allowed in there subject to the land owner’s terms and conditions. So, if the owners of Queensgate in Peterborough have a ‘no photos’ policy (and they do) you can be ejected for breaking their rules. You haven’t broken the law, per se, but you have breached the terms under which Queensgate management grants you access, so that access is withdrawn and you’re out on your ear. This situation applies to car parks, bus and railway stations, airports and hundreds of other privatelyowned locations. Some councils are now imposing similar restrictions on public places using by-laws, but these are usually applied to control big film companies making big productions. Some London councils sell licences to commercial film-makers and offer logistical support (road closures, parking concessions etc.) in return .

Passing strangers As a general rule, then, it is legal to film people (including children), buildings, signs, brand logos and events from any public place without having to get permission from anybody. Many people believe they have to give their permission to be filmed but that is not the case. When filming a crowd scene in public a few years ago, I was told by a woman that it was illegal to film her because she was part of a witness protection scheme. I left her image out of the final production but I was under no legal obligation to do so. I make lots of films in a country park near Peterborough. The land is owned by a trust and I create films for the trust. The trust has granted me permission to film on its property as long as I do so with consideration for the visitors to the park and the reputation of the trust. Lots of people take their cameras to the park to photograph their families, the scenery and the wildlife. Of course, the trust allows them to do this; encourages them, in fact. But as a professional film-maker, creating video for commercial use, I must obtain permission and conduct myself properly at all times. I need to have public liability insurance, in case a dog-walker gets tangled up on my tripod, and I need to observe health and safety regulations. The trust also likes me to explain to park visitors what I am doing and if a member of the public is featured prominently, then I should obtain their permission to film them. There is no legal requirement for me to do this, but I am representing the trust, so I work to their requirements. As the land owner, the trust is free to photograph and film visitors to the park and does not need to obtain their permission. If there was ever a document setting out the terms and conditions under which visitors were allowed into the park, it could contain a clause that says the trust reserves the right to film visitors and visitors accept those terms when entering the park. But the trust likes to let visitors know if they are being filmed and will ask their permission where possible.

Contributors Members of the public who actually take part in the making of a film should formally give their permission. Most of the time it will be enough to interview a member of the public in the street and ask their permission to use the clip while the camera is still running. The granting of permission is then recorded with the interview. Customers being interviewed about a product or service should be asked to sign a ‘model release form’. This gives the film-maker and the end client the right to use the images and statements for other PR, marketing and commercial activities.

Children Even though it is NOT ILLEGAL to film children in a public place, societal pressures and common sense guard against it. If children are in a play area accompanied by adults, then there is an opportunity to film with the permission and co-operation of the adults. Be prepared to explain very clearly what you are doing and why. Filming children in public without the permission of a responsible adult is asking for trouble. Don’t get me started on the rights and wrongs, or the sad state of modern society, just don’t film any kids without all the sensible safeguards of location, notifications, explanations and permissions in place. Many film-makers, me included, hold an archive of stock footage featuring people who have been filmed out-of-focus, or walking away from the camera. I also have lots of shots of people’s feet and legs as they walk down the street. Footage of people who can’t be identified can be very useful in film-making and avoids a lot of unnecessary misunderstanding and conflict.

It is not illegal to take photographs or video footage in public places unless it is for criminal or terrorist purposes. ... The taking of photographs of an individual without their consent is a civil matter.

The Law on Spy Cameras

Spy cameras are one of the most useful pieces of monitoring equipment available today. However, they also have the strictest rules. If a spy camera user does not comply with any of these laws, serious legal action can be taken.Legal requirements of spy camera useIt is illegal to use any kind of surveillance in areas where individuals would expect privacy, such as in changing rooms, locker rooms, or toilets, unless in exceptional circumstances where there is a legal issue and this action has been approved by the police. In this case, the operator should make extra effort to ensure that individuals are aware that cameras are in use.In public, any CCTV deployed that records sound must be accompanied by a clear sign to inform that CCTV is in operation.Conversations between members of the public should not be recorded on CCTV.All public CCTV cameras should be registered with the Information Commissioner’s Office.In any type of covert surveillance, footage should only be used for the purpose for which it has been taken, which must be a legitimate security reason.You must only retain footage for as long as it is reasonably needed.It is not permitted to release footage to third parties despite when there is a legal necessity.You have a responsibility to keeping all footage safe.Covert camera users should have a retention policy. You should only keep the images for as long as necessary to meet the purpose of recording them.Public CCTV has to be used to protect citizens rather than spy on them. Legal use of spy camerasUsing covert surveillance in the home to spy on others.Using hidden cameras in the workplace to monitor employees.Using spy cameras to protect yourself in most situations.Placing CCTV cameras on the outside of a domestic or commercial property for security purposes. What is illegal use of a spy camera?Deploying covert cameras in areas where individuals would have an expectation of privacy, such as bathrooms, changing rooms and locker rooms.Planting a hidden camera in someone else’s home , Using spy cameras for an illegitimate reason.Sharing images or footage with third parties other than for legal reason.Releasing footage or images to the media.Recording conversations between members of the public on CCTV.

The Laws on Vehicle Trackers

Vehicle tracking devices are great for monitoring employees, new drivers and family members. There is some degree of uncertainty regarding the application of specific legislation in the case of tracking devices, however you should always comply with privacy and human rights laws. To lawfully use a tracker you must follow these rules.Legal requirements of tracking device usePlacing a tracker in a car in a way that does not contravene other legislation such as vehicle interference.To collect personal data that can be used to identify an individual as defined under the 1998 Data Protection Act requires the collector to be registered with the ICO and have a DPA number.You must install the tracker in a public space, or a space where you have implied private access, and not the home of the person being tracked.If commercial vehicles may be used for business and private purposes, you must notify the driver of the tracking device and explain how to turn off tracking when the vehicle is in private use.You are obliged to take into account privacy laws as explained on the Data Protection act and any Human Rights Acts.Legal use of vehicle trackersTracking vehicles you own as used by others such as employees to monitor usage in business hours.Tracking vehicles you do not own for a legitimate reason, providing you either place the device on the outside of the vehicle, such as underneath the bumper, or if you have lawful access to the inside of the car.The vehicle is not allowed to be exclusively tracked on private property.You could obtain the same information about the vehicle via physically trailing it.The vehicle is not situated on property owned by someone else that you do not have right of access to during deployment of the tracker.The use of the tracker is used in a manner proportionate to the extent needed to gather information.What is illegal use of a vehicle tracking device?Placing a tracker on the inside of a vehicle you do not own.You need to break into the vehicle to install the device.You would have to physically hard-wire the device in the vehicle.The vehicle is situated in a place where the driver would have a reasonable expectation of privacy, for instance in a personal garage.If used to trespass on others’ property or for purposes that may be deemed harassment or any other illegal use.Use of a tracker in a way not relative to the need to gather information.

The Laws on Computer Monitoring and Forensics

Computer monitoring and forensics have been successfully employed by governments and businesses for many years. Keeping track of employees’ computer usage can significantly improve company productivity, and monitoring children’s internet usage can ensure safety on the web. Some use computer monitoring software on their own devices to check what a partner has been browsing. Forensic data can be collected for security purposes. However, some other uses for computer monitoring are forbidden.Legal requirements of computer monitoring and forensics useYou must be the owner of the computer being monitored.Employers must identify the purpose of the required monitoring before implementing programmes on employee computers.You must notify the individual using the computer that it will be monitored before using software, unless you are a parent and your child is under 18, or when this does not form part of a legitimate investigative inquiry.You must take into account privacy laws and must not breach any reasonable expectation of privacy of the employee whose computer is being monitored.Company owners must take into account the rules of the Lawful Business Practice Regulations Act.You are responsible for an action taking in regards to any forensic data captured.Only those with forensic knowledge must enact computer forensic investigations.Forensic data must only be used for security purposes when there is a legitimate suspicion.Legal use of computer monitoring and forensicsMonitoring employees’ computers and phones, providing they are owned by the company, to ensure they are working properly and to prevent fraud and criminal activity.Parents monitoring the computers of children under the age of 18.Use of keystroke programmes to log employee internet usage.Collection of forensic computer data for security reasons with viable need for investigation.What is illegal computer monitoring and forensics use?Monitoring employees or individuals’ private devices, emails, phone calls, or other information.Hacking into other people’s devices via illegal software or methods.Sharing private information with third parties, unless for legal reasons.Use of forensic computer investigation without legitimate cause.