Calling solicitors - filming on public Land

[RosieRooster83]

I was wondering if anyone could help me.

What are the laws regards filming in public? For example, if someone was to film while on the path/road and this filming was towards someone's property, is this against the law?

From what I have read, as long as you're only public land and not private property, then you can film pretty much anything that can be viewed from the street.

It's not as straightforward as whether you're on public land or private land. What are you filming, why are you filming it and what do you intend to do with the footage?

(Because it's not easy to say yes or no without further analysis most people filming get "release forms" signed, giving consent, in order to be safe, but they the forms are often not necessary.)

Ring doorbells and Go Pros are ok. Setting up a camera to record someone, not ok.

filming people guidance

getting permission to film places

“In the United Kingdom there are no laws forbidding photography of private property from a public place.[5] Photography is not restricted on land if the landowner has given permission to be on the land or the photographer has legal right to access, for example Byways Open to All Traffic or a public right of way or an area of open access land. The Metropolitan Police state in their own advice "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".

From Wikepdia

You have to give more details - it’s not one simple scenario

Didn't Google film everywhere without permission?

The filming is of a child contact handover by one parent. The parent stays on the public footpath/road and does not go onto the property of the other parent. The reason for filming is to protect against false allegations as very serious accusations have been made against the parent who has decided to film. The footage is for personal use only and would only be shown to the police for example if false allegations were made, to prove that the alleged incident did not happen.

Yes, and sometimes you see a property on Streetview that has been 'blurred out' which has the effect of just drawing attention to it, and makes you want to go and see it (and maybe take your own photograph!)

Very tentatively I'd say it's lawful.

The main legal issues are Art 8 privacy and GDPR data-protection concerns.

If the video is not going to be published anywhere (eg social media) then I don't think privacy is a concern.

And to the extent that you would be processing personal data you're allowed to do so where there is a legitimate interest, which I think you would have from what you've said.

But the law is a minefield here, and I'm not an expert.

It is probably lawful - no different to a dash cam etc

We were advised to do this by the judge before the second hearing which was then to meet at a customer services inside. Which is what we have done ever since. even then the judge advised me to never be on my own with him. I took a witness for 5 years but that is no longer viable and things have calmed. So what about that instead? Drop off and pick up from local Tesco or something. Why are you worried about filming as long as it is all ok?

my ex objected and objected to the judges idea whereas I was - whatever keeps us safe.

why not meet in a central place?

when my ex didn’t turn up at Christmas it was good they wrote in their work log book that he hadn’t arrived and I took a photo etc

I had it on camera that I was assaulted at contact drop off but it wasn't allowed to be used as evidence in court...

@Dominuse Thank you for your reply. My DH (he's the parent in question) has suggested to his ex to meet in a neutral location, such as in the town centre but she refuses to. The court order says town or mums home address and she always makes DH go to the address. He is very wary though due to what has been reported to the police about him (all untrue and police took no further action).

I wanted to make sure that he wasn't at risk of getting into trouble legally.

@LauraNicolaides I agree it is a minefield. Definitely wouldn't be publishing it anywhere as that wouldn't be right at all. Like you said, privacy concerns etc. it's basically just for my DHs personal use should his ex go to the police again and say he did something to her at contact handover.

Good grief. Did the judge give a reason why?

This is very out of date and refers to the Data Protection Act 1998, which has now (largely?) been replaced. It's a complicated area.

Filming in public is entirely legal and you are not going to get into trouble for doing that.

Just be aware that if the other person is in any way aggressive then holding out a phone and making it clear that you are recording may well antagonise them.

An alternative, if that is likely to be a problem and if he can afford it, is to have a body worn gopro or similar or you can even get the same sort of body worn cameras that the police use as well (they start from about £80). In that way the camera is recording hands free and he can concentrate on whatever else is happening.

The only time where you would get into trouble would be if you were recording covertly (ie secretly) on their property, especially if you were recording the child.

There was a case a few years ago where the father planted a covert camera on his child (sewn into a shirt) and recorded all their interactions while with other people.

That didn't end well.

The story of that is here: -

suesspiciousminds.com/2016/05/23/bugs-bunny/

and the case was M v F (Covert Recording of children) [2016] EWFC 29

www.bailii.org/ew/cases/EWFC/HCJ/2016/29.html

@2catsandacomputer I've read that case before and can completely see how that case is inappropriate. The camera/audio device was then sent into the other parents house on the child which is against a lot of laws. Although saying that, DH's ex sent their son to contact with his dad wearing this watch where she could log into an app on her phone and listen to conversations in our house. Police did nothing when it was reported.

So it's ok to aim the camera at the house even if it catches his ex and his son coming out of the property? As in filmed from the street. It's done very discretely as I totally agree holding a phone up is antagonising which DH doesn't want to do. I like to GOPro idea.

I suggest you apply for a variation in the court order then saying the above and ask for a neutral place

@Dominuse completely agree, he's in the process of a court case now. Very messy and taking a long time unfortunately.

The police should have accepted it and you could have printed stills from the footage for both police and court. Why was it not allowed?

So it's ok to aim the camera at the house even if it catches his ex and his son coming out of the property?

Yes. The only time that it would be a problem would be eg if he were peering into the bathroom window and taking photos of them in the bathroom or someplace else where they would have a reasonable expectation of privacy.

Walking from the entrance of the house to the street is no problem at all.

Didn't Google film everywhere without permission?

They didn’t need it because it was done from a public right of way. Generally speaking, anything that can be seen on, or from, a public right of way is fair game for photography.

I would get him to contact her via solicitor prior to court asking for a neutral venue such as Tesco customer service in this town and stay he will be there 10 minutes early and leave 10 minutes after the collection time go avoid any contact in car park. Dash cam on before and after (leaving running) take a witness etc - all of this stress a neutral venue for the CHILD to avoid as issues - Tesco has a toilet etc and independent witnesses for time etc