Catching criminal on camera

HelterSkelter

First off I will not rely on any replies as legal advice.

I am wondering if using a recording from a wireless camera of a person commiting criminal damage (keying a car for example) is admissable in court case. I know you can't record someone's converation without their permission but what i the story with video surveillance being used as evidence? If shops can use video surveillance can joe public use it?

Thanks.

Eru

HelterSkelter wrote:

First off I will not rely on any replies as legal advice.

I am wondering if using a recording from a wireless camera of a person commiting criminal damage (keying a car for example) is admissable in court case. I know you can't record someone's converation without their permission but what i the story with video surveillance being used as evidence? If shops can use video surveillance can joe public use it?

Thanks.

Absolutely. Provided the footage was taken in good faith and in order to protect private land and/or property.

If you went around taping people in public not only could you not use the footage but its possible they could come after you.

HelterSkelter

Thanks for the reply Karlito. Not sure I understand fully though. The car is parked in public (on the street). You say you can't tape people in public. The camera will be watching the car, actually it will be a small hidden camera attached to the wing mirror of the car so if anyone walks past and keys it the camera will pick it up.

Trojan911

HelterSkelter wrote:

If shops can use video surveillance can joe public use it?

HS,

Stores/shops, I believe, are obliged to inform the public of the use of CCTV recording by displaying signage and public awarness monitors when they enter the store.


TJ911...

maidhc

Karlitosway1978 wrote:

If you went around taping people in public not only could you not use the footage but its possible they could come after you.

Apart from the law of confidence and the constitutional right to privacy there are no restrictions on recording in public (think idiots with camcorders!), and any cases that I know brought in relation to it in Ireland have not been successful (I think the facts of Von Hannover in the ECtHR are sufficiently different to distinguish). The Data protection Act, which is what obliges shops to display warnings has absolutely no application to private individuals.

Hypothetically, there are no issues with recording stuff.

EDIT: If you want better "advice" send an email to the data protection commissioner. They are great to reply quickly. www.dataprivacy.ie.

HelterSkelter

Thanks maidhc, I have emailed them.

Eru

Maidhc,
The problem isnt whats captured on camera but what the intent was. If a tourist capures you walking along the street but his intention was too capture Dublin life, monument or his wife acting like a fool in front of the Spire then thats fine. If however you are intentionaly recording a specific person then you are crossing the line.

For example, a person that has CCTV too protect his property is within the law however recording schoolgirls as they walk past is not.

A more common example would be video shows on TV such as naked camera V a documentary about Dublin (cant remember the name of the show).

seamus

Karlitosway1978 wrote:

A more common example would be video shows on TV such as naked camera V a documentary about Dublin (cant remember the name of the show).

That has a little more to do with publication however. If someone is incidental (e.g. walking in the background) while filming in public, it is perfectly legal to publish that video without that person's consent. However, if someone is a subject in the film, then you require their permission before you can publish. This includes film where the intent is to capture the public's reactions to something.

However, if you film someone keying your car, for example, you don't need their permission to make the video, you only need their permission to publish it. And afaik, showing in court is not publishing

maidhc

seamus wrote:

However, if you film someone keying your car, for example, you don't need their permission to make the video, you only need their permission to publish it.

I'd disagree there, and say you can do with it as you like with or without their consent (except where the DPA applies, in which case consent may be required...)

One interesting case in this regard is Peck v. UK, but again the facts are quite unusual: Person tried to commit suicide, CCTV camera recorded it and it made prime time viewing. It was held to be a breach of privacy for which Peck had no approproate redress under UK law. One important caveat is that no wrongdoing was involved on Peck's part. To this extent I would agree with Karlito, but not to the extent as to say the "intent" of the person recoring forms part of deciding whether recording is lawful or not; I don't think there is anything unlawful about recording random (dressed!) schoolgirls, even if it might be distasteful.