Being filmed - Legal Rights

[AnonPoster2000]

Name changed as I’ve discussed this in real life.

What rights, if any, do I have if someone records me on their phone and puts it on SM?

I’ve witnessed kids (and people in their 20s) pranking people on the street to film and upload to SM. I’d be annoyed and embarrassed of it happened to me. But more importantly I also have people from my past that I wouldn’t want to know where I live as I moved to a new city a few years ago.

What rights do I have if someone films me in a shop when I stand up for my consumer rights? With the rise of the ‘Karen’ and women being identified and sacked from jobs I’m interested in knowing what I can do to protect myself.

You have no right not to be photographed or filmed in a public place.

Honestly I'm not really sure. It used to be that if it's in a public place you just had to suck it up (I think). But there is a privacy clause about where a person has a reasonable expectation of privacy, which is why you don't see pap shots of celebs in their gardens.

Gdpr has also changed things, but because of the impact it would have on street photography I think it's a muddy area and I don't know if its been legally tested or not.

I believe - but could be mistaken - that if you request your photo/footage is deleted they have to oblige but how that relates to live streaming I don't know! Also, social media makes it so quick so share images now that I doubt the police could do much.

I think we are one party consent in public. Shops, body cams, plazas and streets etc you are constantly on film. We are the most CCTV'd country in the world.

Re social media it is as said above I think. You need to request but they dint have to say yes.

In a workplace notices just have to be posted.

Audio recording is different in meetings i think as are zoom calls etc. I think they are two party consent. But happy to be corrected.

Gdpr has also changed things

Not in the scenario the OP describes, because private individuals, acting on their own behalf (not as part of their job etc) are generally exempt from the GDPR/DPA 2018. There are some exceptions, e.g. if they are your landlord, but they wouldn't apply here.

If you’re in public you can be filmed without your permission - that’s just how the law is.
You could ask them nicely but ultimately they don’t need to follow your request to not post it - your circumstances aren’t relevant, only the law is and it’s pretty clear in this area.

Which is disgraceful and ruins many many lives. We were harassed and filmed and followed by a gang of teens in the supermarket for their amusement. It was horrifying.How is this abuse acceptable?

A street or a park is a public place, a train or a shop isn’t. Complain to the manager if it happens to you. I think they have the right to demand that the film is erased.

Could you carry a mask in your handbag? If you ever find yourself in a situation where people look like they will get you in their film (and you can't easily escape e.g. on the train) you could at least put the mask on for a bit of anonymity. At worst you'll look like you're paranoid about covid still. Harder if they catch you completely unawares of course.

I don't know if they can legally enforce it as a condition of entry or something, but the public pool my DC do swimming lessons at doesn't allow photography.

This is an old thread, but just to be clear on the legal position...

You can be photographed or filmed unless you have a reasonable expectation of privacy. You don't have any such expectation if you are in a public space such as a street or a park. If you are in a privately owned location that is open to the public such as a shop you are unlikely to have a reasonable expectation of privacy, but the owner of the location is entitled to set rules that ban photography.

If someone follows you around, filming or photographing you, that is likely to be harassment which is a criminal offence and also allows you to make a civil claim against the individual.

Posting a photo or film of you on social media without your consent may be a breach of GDPR depending on the nature of the image. If, for example, the image is of a large crowd that happens to include you, posting it is unlikely to be a breach of GDPR. However, if it is of you or a small group of people including you, posting it is likely to be a breach. A complaint to the social media provider should get the offending image removed. If it isn't, you can take action against them to get it removed and claim damages. You may also be able to claim damages from the person who posted the image.