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Body cam footage + abusive ex

(9 Posts)
Staying Sun 27-May-18 06:31:33

My friend's ex turned up at her place the other morning as she took her kids to breakfast club before school (ie early) wearing a bodycam, shouted that he's filming her and then proceeded to be highly abusive. The kids were shaking and she can barely remember what happened. A neighbour saw it all and later came to check she was ok.

Question is, can she request the footage and does he have any legal obligation to hand it over? He lives in Europe.

In case you think it doesn't make sense, it doesn't. He's a horrific narcissist who believes he's the victims at all times - to the point that he filmed this so he can one day use it against HER! He HATES her and was and is abusive to her. He stalked her to get her address - she'd been using her parents' address (nearby) for him to contact her at and do all handovers from. He's cyber stalked her before and also in real life.

He's sneaky though and it's been hard to get evidence.

BrandNewHouse Sun 27-May-18 06:37:26

Message withdrawn at poster's request.

Collaborate Sun 27-May-18 08:06:39

From a practical perspective, whatever the jurisdiction, he’s highly unlikely to want to submit it as evidence if it shows him behaving badly. Perhaps she should invest in her own bodycam.

Xenia Sun 27-May-18 11:30:38

If it is filmed in England I think it is domestic so excluded from rights of subject access under data protection law but could be demanded as part of pre-action disclosure if she envisages suing him for harrassment or something along those lines. if he gave her his cloud passport when they were together and allowed her access she may be able tos ee it up there if it automatically uploads but it would be quite hard to do that lawfully unless he had agreed which is very unlikely now they are no longer together.

If she didn't react and it just shows how awful he is then it may be he is not likely to use it anywhere anyway. he might doctor it - apparently the Russians are getting very good at doctoring footage these days.

Staying Sun 27-May-18 22:43:24

Thanks!

Collaborate Sun 27-May-18 23:01:17

if he gave her his cloud passport when they were together and allowed her access she may be able tos ee it up there if it automatically uploads but it would be quite hard to do that lawfully unless he had agreed which is very unlikely now they are no longer together.

That would be most certainly a criminal offence.

Staying Mon 28-May-18 06:01:25

He didn't give her anything. Power all in his hands. I was just wondering if there was any legal right under U.K. law to be given footage someone recorded of you.

Xenia Mon 28-May-18 07:34:58

Imerman v Imerman did say if you have openness in marriage and read and allow reading of each other's letters etc then that can continue after and ditto the other way round so in our marriage everything was open and read, joint bank accounts, no secrets etc However as I said it would depend what they had agreed. I know a lot of couples who share one email address for example. The court said it depended what was set up and agreed between the couple. However I agree with collaborate that you need to be very careful before doing that and you should take legal advice from a solicitor before doing it. Assuming they did not agree to openess and joint access then if there were enough money at stake you could probably get access to what is stored on the cloud account from the hoster or the device itself by court order.

Collaborate Mon 28-May-18 08:33:36

Imerman v Imerman did say if you have openness in marriage and read and allow reading of each other's letters etc then that can continue after
It didn't come out and say this. It made it almost impossible for someone in OP's situation to do that without committing an offence. There would need to be clear evidence that the information is still treated as being open to OP. So, if there is a family computer at the FMH and all husband's video gets uploaded to a cloud and then automatically on to the family computer (as mine does), OP will be fine to look at it, as it is being placed in plain view of OP. If however OP has to log in to husband's iCloud in order to view it and he hasn't been very clear in saying that she can do this OP would be committing offences under the Data Protection Act 1998, the Computer Misuse Act 1990 and the Regulation of Investigatory Powers Act 2000. Furthermore, any evidence obtained in breach of these provisions is inadmissible in any proceedings. There is no discretion to make it admissible.

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