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  • 22-05-2009 9:40am
    #1
    Closed Accounts Posts: 118 ✭✭


    whats the law on someone taking photos of you without your permission and using these in court?? Is this allowed??


Comments

  • Registered Users, Registered Users 2 Posts: 4,839 ✭✭✭Hobart


    It depends on the context and the nature of the material, for example insurance companies can use photographic evidence to back up a claim of fraud. The Guards are permitted to use stills from video footage in certain cases.


  • Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    In a public place nothing you can do I am afraid. It all depends on what they were taken for but generally if they are used to back up or corroborate a point in Court then thats fine.


  • Closed Accounts Posts: 118 ✭✭PinkPrincess26


    Its my oh's x...... He has access of their dd every second weekend and one mid week evening access is to be in my oh's mams house as we live to far from were his daughter lives (20 mins max in car) well last wednesday he collect his daughter at usual time he had my sone with him also....they then all collected me from our house at 5.30 and his dd was in house for all of 10 minutes then we headed off for dinner.....

    She has photos of me getting out of my car and going in to my house, then my oh arrived bout half an hour later and she has photos of this as well, so she had someone wait outside our house taking photos of us....... I was thinking maybe i could go to the police as she has photos of me and my son on our own as my oh seem them as they go to mediation every second week...
    Is this really legal??


  • Registered Users, Registered Users 2 Posts: 4,839 ✭✭✭Hobart


    Your posting is quite confusing to be honest, for example what does 'dd' refer to? I presume it's a child?

    What would you say to the Guards, if you approached them? What complaint would you have? Did this photographer approach and/or harass you or your son? Do you feel that your security has been threatened because of this?

    To be honest, it sounds as if your issue is not with the photographs at all, more what they would be used for, and if there are restrictions on where your partners child can and cannot be, and he has breached those restrictions in some way, you probably need to be concentrating on that.


  • Closed Accounts Posts: 118 ✭✭PinkPrincess26


    Sorry dd is daughter...... My problem is the photographs..... she has no right to take photos of me and my son as we are totally nothing to do with her.... that is what im asking she is invading my privacy.... can I make a complaint about this??

    I know my oh had his daughter in our house but it was for 10 minutes only, Im not looking for people to tell me he's broken the court order i know he has.

    Im just looking for answers on the photogtraphs...


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  • Registered Users, Registered Users 2 Posts: 4,839 ✭✭✭Hobart


    Sorry dd is daughter...... My problem is the photographs..... she has no right to take photos of me and my son as we are totally nothing to do with her.... that is what im asking she is invading my privacy.... can I make a complaint about this??

    I know my oh had his daughter in our house but it was for 10 minutes only, Im not looking for people to tell me he's broken the court order i know he has.

    Im just looking for answers on the photogtraphs...

    I'm not saying that he broke any order, I didn't even ask the question.

    I think your query was answered above, in that if they were taken in a public place, there is nothing you can do about it at all.

    The only exception I know of, is if the photographer was on your private property, you can explicitly tell the photographer to stop taking photographs.

    From an harassment perspective, a photographer cannot harass, block or stalk you when trying to take a photograph.

    From a privacy perspective, it is generally safe to presume that the photographs can be taken and published, unless you were in a situation where a reasonable person would believe that they’d brought their ‘sphere of privacy’ out with them, or unless you are a celebrity who could prove that the misuse or publication of a photograph in a public place, could affect your income stream.

    Your best bet, would be to spend 10 minutes with a solicitor explaining the full situation, and he/she will be able to best advise you.


  • Closed Accounts Posts: 118 ✭✭PinkPrincess26


    Thank you Hobart. I just thought because we were nothing to her or even appart of what she investigating that she would not be aloud take photos....

    Thanx for your help!


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    If you are in public view and they are taking the photographs from a public area then they can take as many photos of you (and anyone else) as they like, and can use those photos in court.

    There are no laws stopping them taking photos of you, as long as they are not tresspassing or you have an expectation of privacy when the images are taken. You outside your house would not have an expectation of privacy since you are in public view.

    From all you have posted here, you have no grounds to object to the photos and nothing legally you can do about them, as far as I am aware.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    There may be one avenue, it isn't the photos themselves, but the behaviour in which the photos were obtained, that is someone was following someone in order to take photos.

    Do talk to a solicitor if you want to go further.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    www.digitalrights.ie has a section on this topic. It was already posted somewhere here.


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