welsh1 Posted May 3, 2019 Report Share Posted May 3, 2019 Looking for answers from GDPR, Data protection act experts. If I record a person in a public place being fined by an enforcement officer for dropping litter,the aim is to show the actions of these so called officers,and I then posted the video to social media would it be a breech of the dpa because the person's name and address are mentioned. Bearing in mind there is no expectation of privacy in a public place,and I am free to record, I didn't put up the poor old bloke or his name and address just the officer spouting I was breaking dpa. Thoughts. Quote Link to comment Share on other sites More sharing options...
panoma1 Posted May 3, 2019 Report Share Posted May 3, 2019 I'm no expert but if the person concerned was happy to have his name etc revealed on social media, or you edited his/her personal information out, I can't see a problem! As for the enforcement officer he/she might not like it, but I don't think you are breaking any law filming him/her?.... the police film people at rally's, demos and other gatherings all the time......they wouldn't be allowed to do so if it was not legal!🤔 Quote Link to comment Share on other sites More sharing options...
WestonSalop Posted May 3, 2019 Report Share Posted May 3, 2019 A distinctly grey area - the use of any personally identifiable data without the express consent of that individual, is a breach of the GDPR. Video is data. Quite how the police get away with that is something I can't answer. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 3, 2019 Author Report Share Posted May 3, 2019 8 minutes ago, WestonSalop said: A distinctly grey area - the use of any personally identifiable data without the express consent of that individual, is a breach of the GDPR. Video is data. Quite how the police get away with that is something I can't answer. I understand what you say, but is this only applicable to a company/ business and not to an individual on the street. 32 minutes ago, panoma1 said: I'm no expert but if the person concerned was happy to have his name etc revealed on social media, or you edited his/her personal information out, I can't see a problem! As for the enforcement officer he/she might not like it, but I don't think you are breaking any law filming him/her?.... the police film people at rally's, demos and other gatherings all the time......they wouldn't be allowed to do so if it was not legal!🤔 I am happy that i broke no laws in filming, there is no expectation of privicy in a public place. Quote Link to comment Share on other sites More sharing options...
Blackbriar Posted May 3, 2019 Report Share Posted May 3, 2019 9 minutes ago, WestonSalop said: A distinctly grey area - the use of any personally identifiable data without the express consent of that individual, is a breach of the GDPR. Video is data. Quite how the police get away with that is something I can't answer. On those police reality docu's, the yobs often shout to "get that camera out of my face" etc and the police tell them that it's a public place, so the crew can film freely...........(don't know if that's relevant to this discussion, though) Quote Link to comment Share on other sites More sharing options...
WestonSalop Posted May 3, 2019 Report Share Posted May 3, 2019 13 minutes ago, welsh1 said: I understand what you say, but is this only applicable to a company/ business and not to an individual on the street. I am happy that i broke no laws in filming, there is no expectation of privicy in a public place. GDPR covers anyone who processes personal/sensitive data of EU residents—be it individuals, organisations, or companies 2. Filming in public Going outside a studio and filming in public may get more complicated, especially if it’s in a big bustling city like London or Bristol. First of all, understand that captured video footage involving anyone in public is considered personal data. So here’s what you need to do: Have a written permission from parents or guardians, if you’re going to film and publish a video of a child. Get the written consent of anyone identifiable in any shot, whether they are the subject of your video or in the background. If you’re in a huge public area and consent forms are nigh impossible, you can place signs around to inform all passers-by of what you’re doing. Do this before you start filming, so anyone who don’t want to be captured can avoid the area. Keep your shots focused on the essentials of the story, possibly in close up. This way, you won’t have to obtain any consent forms from anyone in the background. Blur any identifiable individuals in the background during the editing phase. Quote Link to comment Share on other sites More sharing options...
Teal Posted May 3, 2019 Report Share Posted May 3, 2019 I don't think that can be right. Otherwise no-one would be able to film or photograph anything! Quote Link to comment Share on other sites More sharing options...
KFC Posted May 3, 2019 Report Share Posted May 3, 2019 (edited) Hope this helps https://www.askthe.police.uk/content/Q717.htm You can film in a public place without needing the permission of everyone in the background, otherwise there'd never be any 'on location' reports. The media often accept mobile phone footage but a posed image would need permission. As is said here though, should anyone complain then it would be a civil matter not a criminal one, unless it could be proved that you were gathering information in the commission of a crime. Edited May 3, 2019 by KFC additional info. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 3, 2019 Author Report Share Posted May 3, 2019 Well i went to the top and spoke to the data commissioners office, the person i spoke to wasn't sure and they had a discussion. Their answer is that if i did publish the video with the person giving his name and address then he would be identifiable and therefore at risk,so they recommend that i do not show or I should bleep out his name and address. They did point out that if he gave permission for the whole video to be published i was good to go ahead.The commissioners office also said that if i wanted to use the video as evidence of wrong doing by the enforcement officer,to the local authority in that instance i could send the whole video with the gentlemens name unedited. Quote Link to comment Share on other sites More sharing options...
WestonSalop Posted May 3, 2019 Report Share Posted May 3, 2019 42 minutes ago, welsh1 said: Well i went to the top and spoke to the data commissioners office, the person i spoke to wasn't sure and they had a discussion. Their answer is that if i did publish the video with the person giving his name and address then he would be identifiable and therefore at risk,so they recommend that i do not show or I should bleep out his name and address. They did point out that if he gave permission for the whole video to be published i was good to go ahead.The commissioners office also said that if i wanted to use the video as evidence of wrong doing by the enforcement officer,to the local authority in that instance i could send the whole video with the gentlemens name unedited. Well done in getting that clarification - just goes to prove the whole area is a bit of a minefield. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 3, 2019 Author Report Share Posted May 3, 2019 1 hour ago, WestonSalop said: GDPR covers anyone who processes personal/sensitive data of EU residents—be it individuals, organisations, or companies 2. Filming in public Going outside a studio and filming in public may get more complicated, especially if it’s in a big bustling city like London or Bristol. First of all, understand that captured video footage involving anyone in public is considered personal data. So here’s what you need to do: Have a written permission from parents or guardians, if you’re going to film and publish a video of a child. Get the written consent of anyone identifiable in any shot, whether they are the subject of your video or in the background. If you’re in a huge public area and consent forms are nigh impossible, you can place signs around to inform all passers-by of what you’re doing. Do this before you start filming, so anyone who don’t want to be captured can avoid the area. Keep your shots focused on the essentials of the story, possibly in close up. This way, you won’t have to obtain any consent forms from anyone in the background. Blur any identifiable individuals in the background during the editing phase. This is for media crews. The law does not distinguish between adults and children in a public place, you can take anyone's photo, you don't need their permission unless you intend to use their image to sell the photo, in which case a model relese form would get signed.The same applies for video. Quote Link to comment Share on other sites More sharing options...
Scully Posted May 3, 2019 Report Share Posted May 3, 2019 2 hours ago, WestonSalop said: A distinctly grey area - the use of any personally identifiable data without the express consent of that individual, is a breach of the GDPR. Video is data. Quite how the police get away with that is something I can't answer. Mmmmm. Would that explain why the rozzers told our old boss that CCTV footage of travellers breaking into our wagon in an attempt to steal it, couldn’t be used? Quote Link to comment Share on other sites More sharing options...
WestonSalop Posted May 3, 2019 Report Share Posted May 3, 2019 1 minute ago, Scully said: Mmmmm. Would that explain why the rozzers told our old boss that CCTV footage of travellers breaking into our wagon in an attempt to steal it, couldn’t be used? If so, then its a great example of how the law is an ***. Maybe you should have asked the nice gentlemen for their consent to use their data for the purpose of preventing/detecting crime. Quote Link to comment Share on other sites More sharing options...
strimmer_13 Posted May 3, 2019 Report Share Posted May 3, 2019 If he got caught dropping litter, good, fine him. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 3, 2019 Author Report Share Posted May 3, 2019 36 minutes ago, Scully said: Mmmmm. Would that explain why the rozzers told our old boss that CCTV footage of travellers breaking into our wagon in an attempt to steal it, couldn’t be used? You can go higher if they do not want to take action and you have evidence,they basically fobbed your boss off 31 minutes ago, strimmer_13 said: If he got caught dropping litter, good, fine him. A very old man getting out of his car, dropped something and went to pick it up but these fools pounced and fined him. They have been kicked out of numerous councils for their devious tactics, and there is a catalouge of evidence mounting against them here. Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted May 3, 2019 Report Share Posted May 3, 2019 Good luck in sorting that out, they along with firms like Parking Eye prey on people who give in too easily! Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 3, 2019 Author Report Share Posted May 3, 2019 1 hour ago, TIGHTCHOKE said: Good luck in sorting that out, they along with firms like Parking Eye prey on people who give in too easily! These are only there for one thing make money, get 5 tickets a day, more and more complaints are made over their tactics and the way they operate, it's only a matter of time before our local authority realise the bad publicity isn't what they want and get rid of this private company. Quote Link to comment Share on other sites More sharing options...
Dibble Posted May 3, 2019 Report Share Posted May 3, 2019 (edited) I was with a former colleague who was videoed and fined £80 for dropping a cigarette butt. Fair enough, but it was in a Tesco car park, the woman who gave him the fine was working for a private company who paid the council for the contract and was patrolling another private companies property. The woman did not want to be videoed herself. The law says he could appeal but if he lost would have to pay costs which might be £1500 so he paid. Unfortunately he probably never learnt not to drop litter as he was very thick, he is no longer a colleague Edited May 3, 2019 by Dibble Quote Link to comment Share on other sites More sharing options...
Agriv8 Posted May 7, 2019 Report Share Posted May 7, 2019 On 03/05/2019 at 12:34, Scully said: Mmmmm. Would that explain why the rozzers told our old boss that CCTV footage of travellers breaking into our wagon in an attempt to steal it, couldn’t be used? I could be sprouting rubbish here but if you you have cctv recording at home you do not need to warn the burglars. If recording this is at a commercial premisses proper cctv and gdpr messages need to be displayed or the evidence can be brought into question. That’s how I read it when I was looking into this for a mate who has farm / workshop / home all sharing the same yard. GDPR is still in its infancy on the black and white parts of the legislation. Grey area re videos are far off being sorted especially if you think about the HUGE quantities of Vidio uploaded to you tube every minute. ATB Agriv8 Quote Link to comment Share on other sites More sharing options...
henry d Posted May 7, 2019 Report Share Posted May 7, 2019 On 03/05/2019 at 12:34, Scully said: Mmmmm. Would that explain why the rozzers told our old boss that CCTV footage of travellers breaking into our wagon in an attempt to steal it, couldn’t be used? Absolute testicles, if you are using the footage to prevent a crime or identify the offender it's admissable, same as CCTV/dash camera/mobile phone footage of criminal acts such as the Westminster bridge attack etc Quote Link to comment Share on other sites More sharing options...
Scully Posted May 7, 2019 Report Share Posted May 7, 2019 22 minutes ago, henry d said: Absolute testicles, if you are using the footage to prevent a crime or identify the offender it's admissable, same as CCTV/dash camera/mobile phone footage of criminal acts such as the Westminster bridge attack etc Ah well. They were never prosecuted anyhow, and as it was about five years ago I doubt they ever will be. Quote Link to comment Share on other sites More sharing options...
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