Legal Basis For Youtube Video Removal On Request

SimonTemplar

There is a particular Irish based Youtube channel that uploads videos from his bike helmet of drivers breaking traffic rules, and his subsequent conversation with the driver. The video title includes the reg number of the car in question. The driver's face is not censored.

I'm just curious if the owner of that channel would be under any obligation to remove that video if requested to do so by the driver under any privacy / data protection laws?

nuac

MOD
Leaving open for general discussion subject to forum rule against legal advice

source

I think once it's in a public place there's no right to privacy when it comes to filming or photography.

The issues arise around the use of the footage, from what i can remember, and its a long time ago that i read this, and what the person recording is using it for. I believe if there is a financial gain then the permission of the subject must be sought.

I can't remember where I read this, but I'm confident that's fairly accurate.

brian_t

A bike helmet camera is hardly a concealed camera.

If you are going to converse with someone who appears to be recording the encounter, I suppose it would be sensible to first query what the footage will be used for.

Vetch

There is a Data Protection Commissioner Guidance Note
https://www.dataprotection.ie/docs/Guidance-on-the-use-of-Body-Worn-Cameras/1512.htm

From the content of the Guidance Note, I'd imagine they would investigate a complaint.

Veloce

Interesting thread.

In an instance where a video is uploaded, registration plate of the car noted, driver is recorded, and the video uploader has stated in the video title or description that the motorist has done something illegal such as blocked a cycle lane etc - can this be legally challenged then in any way?

I'm assuming here that the cyclist's video evidence does not support fully or clearly what has been stated in the video and whereby the motorist maintains in his or her opinion they have done nothing wrong on their part. What happens then?

Just a theoretical scenario.

punisher5112

YouTube has a report button which allows one to report its them in the footage.

If footage is published, broadcast one may ask for it to be removed and will have the back up of the data protection laws as stated above.