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Legal matters

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Unauthorised photography within my home and sharing of the photographs

538 replies

Changerofthename1 · 09/11/2022 19:08

I found out that a contractor has taken photographs of the inside of my home that I did not authorise, one of them has got my child in the corner I’m fucking furious about. Obviously it’s gone from one employees phone to another and then it’s been forwarded onto who is thinks is me but actually I’m using an email address that isn’t the one that he would have on my contract if that makes sense so I think he’s on thin ice with that.

This can’t be legal surely ?

OP posts:
Thread gallery
9
Cancelledtwiceover · 09/11/2022 20:34

The photo doesn't matter, the op just doesn't like that it contains clear evidence of the reasons the contractors have refused the job.
If the op wants advice it might be better giving more context and stating what the actual reason for refusal is, maybe someone with legal knowledge can then advise on the legalities of that, the photo is a red herring.

JaninaDuszejko · 09/11/2022 20:38

You don't own your image, the photographer is the copyright holder for a photograph (unless you e.g.post it on FB then under their contract of use they own the copyright of all your posts). So it is their data to do with as they wish. You have no right to e.g. demand someone deletes a photo that has you (or your child) in it.

If people owned their own image then there would be no paparazzi or security cameras or televised sport or filmed theatre performances or Glastonbury on the TV etc etc etc. This has always been the case since the start of photography.

IfIGoThereWillBeTrouble · 09/11/2022 20:38

I have a couple more questions, OP.

Have the contractors, either whilst in your home or afterwards, explained to you why they can’t do the work?

If so, have you told them that you can/are prepared to do what they need you to do so that they can do the work?

Or do you disagree with their explanation/requirements and have told them so?

LaMarschallin · 09/11/2022 20:39

LemonTT · 09/11/2022 20:31

Ffs, no one has even suggested logging this with 101 and alerted the information commissioner.

it’s a clear case of habeas corpus, Magna Carta hocus pocus.

Grin
CandyLeBonBon · 09/11/2022 20:39

LemonTT · 09/11/2022 20:31

Ffs, no one has even suggested logging this with 101 and alerted the information commissioner.

it’s a clear case of habeas corpus, Magna Carta hocus pocus.

I think the op should LTB at the very least

LaMarschallin · 09/11/2022 20:40

Fairly sure the cheque will have been cancelled.

(Does anybody use cheques nowadays?)

VeronicaFranklin · 09/11/2022 20:41

DeliberatelyObtuse · 09/11/2022 19:42

Presumably the photos were taken to show you why they couldn't do the job

The photo was contemporaneous proof of the state of the room

It was sent (communicated) to you to show you what the problem was

Your kid happened to be in the photo

The contractor who took the photo sent it to his boss who sent it to you

You are absolutely overreacting

This.

Sounds like OP is trying to make out they purposefully photographed their kid. Which they obviously didn't the child just happened to be in the room. Sounds like a dispute with some workmen and OP is clutching at straws to kick off/have one over on them.

Igotjelly · 09/11/2022 20:41

What is @ChristmasisRuined is the OP in disguise!? The plot thickens but this has well and truly made my night. Batshittery at its finest.

PeekabooAtTheZoo · 09/11/2022 20:41

ChristmasisRuined · 09/11/2022 20:08

@PeekabooAtTheZoo The one who's thread was reinstated and had MNHQ vouch for her that she's not a troll you mean????? HmmBiscuit

I never said you were a troll, I said you were unreasonable. I stand by it.

Curtayne · 09/11/2022 20:42

Cripes what a load of drama.

Igotjelly · 09/11/2022 20:43

But why is no one thinking of the children clutches pearls poor sod wasn’t smiling or anything.

Hoppinggreen · 09/11/2022 20:43

medicatedgift · 09/11/2022 20:31

They'll already be ico registered because they're contractors handling client dads

And sons

Changerofthename1 · 09/11/2022 20:43

JaninaDuszejko · 09/11/2022 20:38

You don't own your image, the photographer is the copyright holder for a photograph (unless you e.g.post it on FB then under their contract of use they own the copyright of all your posts). So it is their data to do with as they wish. You have no right to e.g. demand someone deletes a photo that has you (or your child) in it.

If people owned their own image then there would be no paparazzi or security cameras or televised sport or filmed theatre performances or Glastonbury on the TV etc etc etc. This has always been the case since the start of photography.

Taking a photo of a person where they can expect privacy, such as inside their home or garden, is likely to cause a breach of privacy laws.
From the Somerset and Avons police website. So whilst you might be correct if you wanted to chase Kate Moss down the street and take a picture there might not be much she could do about that but once she enters her home if they start sticking cameras through the windows that would be a breach.

as previous posters I have mentioned it may be a grey area surrounding the invitation will find out tomorrow when I do indeed consult lawyer about the whole of the matter and if you like I’ll report back but I’d hate to be the catalyst of year 11’s not getting their homework marked and all that follows.

OP posts:
Swedishmeatball · 09/11/2022 20:43

I’m too tired for this. I’m a data protection solicitor with senior contacts at the ICO and I can promise you they would not look into this. But I’m too tired to explain. Hopefully someone else can help out!

Mañanarama · 09/11/2022 20:43

LaMarschallin · 09/11/2022 20:40

Fairly sure the cheque will have been cancelled.

(Does anybody use cheques nowadays?)

My mother-in-law. She tried using one for a pub lunch recently and the waitress had never seen one.

Summerfun54321 · 09/11/2022 20:44

English law is based upon being reasonable. A contractor has visited your private property and sent you a photo as evidence of why work can’t be done. You have absolutely no evidence to suggest they did anything with the photo apart from send it to you and only you. What isn’t as reasonable is your child getting in the way when contractors are there. Children and building works don’t mix. You’d be foolish to kick up a fuss about this.

Chesterdrawsseriously · 09/11/2022 20:44

Op,what is it yoire not saying here? Who did they think they were emailing it to. Whose email address are you using?

is it the child’s father? An ex? Was there an agreement the child would not be there or the room would be clear. And it was nit and that is why they had to send a photo to say it couldn’t be done?

what is it you’re not saying?

Hoppinggreen · 09/11/2022 20:44

Now Kate Moss has got involved?
its just getting better

Chesterdrawsseriously · 09/11/2022 20:45

Summerfun54321 · 09/11/2022 20:44

English law is based upon being reasonable. A contractor has visited your private property and sent you a photo as evidence of why work can’t be done. You have absolutely no evidence to suggest they did anything with the photo apart from send it to you and only you. What isn’t as reasonable is your child getting in the way when contractors are there. Children and building works don’t mix. You’d be foolish to kick up a fuss about this.

No they didn’t sent it to her, they sent it to an email address that they don’t know she uses.

Hoppinggreen · 09/11/2022 20:46

Chesterdrawsseriously · 09/11/2022 20:45

No they didn’t sent it to her, they sent it to an email address that they don’t know she uses.

That makes no sense.
It either her email address or it isn’t

Tonty · 09/11/2022 20:47

The whole 'Privacy & Consent' law has just gone mad now. The way people are using it is not in the context it was intended and too many people like @OP don't seem to understand how it's meant to be applied, thinking they can just apply it to anything that annoys them. Along with other posters, I'm not getting OP's utter outrage and frothing at the mouth??? nothing has happened here except for your own carelessness perhaps.

FlissyPaps · 09/11/2022 20:48

Fucking hell OP. I would be livid too. Maybe even more so.

Have you called 999? Please tell me you have.

You need this nipping in the bud immediately before these pesky contractors can abuse anymore peoples homes and photograph the corner of a child.

Kite22 · 09/11/2022 20:48

Summerfun54321 · 09/11/2022 20:44

English law is based upon being reasonable. A contractor has visited your private property and sent you a photo as evidence of why work can’t be done. You have absolutely no evidence to suggest they did anything with the photo apart from send it to you and only you. What isn’t as reasonable is your child getting in the way when contractors are there. Children and building works don’t mix. You’d be foolish to kick up a fuss about this.

This.

You are completely focusing on the wrong thing.

You've paid in advance for some work to be done, and the contractor can't do the work for whatever reason that you don't want to tell us.
You need to calm down and politely and calmly approach the company about how you can either get the work complete - which you have now decided you don't want them to do - or get most of your money back, presumably less whatever they have paid out - staff costs, materials, admin time etc.
The workman taking photographic evidence of why he couldn't do the work is perfectly reasonable. I doubt he even noticed your dc there.

You are using up all your energy on completely the wrong thing.

Chesterdrawsseriously · 09/11/2022 20:48

Hoppinggreen · 09/11/2022 20:46

That makes no sense.
It either her email address or it isn’t

No she’s not saying something, they’ve sent it to her in an email address they don’t know is hers. As she was in the house there would be no need to d0 this. They’d just tell her. You’d not need to send her a pic of her own living room. So they were telling someone else and she’s read the email,and is furious/

Basilthymerosemary · 09/11/2022 20:48

But OP- you gave them permission when you let them in.
The possible breach of privacy is if you are hiding in a bush outside snapping photos of someone inside their home where they do expect some privacy.... it's a completely different scenario

From Avon and Somerset police website

Unauthorised photography within my home and sharing of the photographs