Is It Illegal To Have Microphone On Camera/cctv Kit

[sixwheeledbeast]

@OP

 

Do bear in mind the Swann person you spoke to on the phone was part of there "sales team" so his initial interest is pushing his cheap DIY gear, not the Data Protection Act.

[charlie6]

Hello,

Just glancing at a few older posts, came across this one. I appreciate that this is not a forum for legal matters, but cctv installers are, or at least should be, aware of the issues. I have been a videographer for years filming in high streets, events, major theme parks etc. both here and in America. Since the 'paedophile' issue emerged some years ago I was reluctanct for a while to video just about anything, not even a sparrow. Frustrated, I telephoned the police to ask for their views...and this is the current status unless there are updates to the law. You can film anywhere in a public place, and since my cameras obviously have inbuilt sound recording there is no obligation to Mute. Therefore video is complete with sound...obvious really, or else what is the point of a video camera. The area beyond the garden is, in this case, a public place so go ahead and video..complete with sound. You may not film the property of your neighbour without their consent, However, if you are experiencing problems, such as damage to your own fence or garden you may point a camera at your fence...if by some accident it happens to be sited such that perpetrators are observed offending...it is purely accidental that the camera happened to be wrongly positioned and filmed the offence being commited. Councils, Housing associations and the police are interested in footage of this nature.

Take Care.

[PeterJames]

Hello,

Just glancing at a few older posts, came across this one. I appreciate that this is not a forum for legal matters, but cctv installers are, or at least should be, aware of the issues. I have been a videographer for years filming in high streets, events, major theme parks etc. both here and in America. Since the 'paedophile' issue emerged some years ago I was reluctanct for a while to video just about anything, not even a sparrow. Frustrated, I telephoned the police to ask for their views...and this is the current status unless there are updates to the law. You can film anywhere in a public place, and since my cameras obviously have inbuilt sound recording there is no obligation to Mute. Therefore video is complete with sound...obvious really, or else what is the point of a video camera. The area beyond the garden is, in this case, a public place so go ahead and video..complete with sound. You may not film the property of your neighbour without their consent, However, if you are experiencing problems, such as damage to your own fence or garden you may point a camera at your fence...if by some accident it happens to be sited such that perpetrators are observed offending...it is purely accidental that the camera happened to be wrongly positioned and filmed the offence being commited. Councils, Housing associations and the police are interested in footage of this nature.

Take Care.

 

Hi Charlie

 

You are absolutely right, however, it is one thing for a person to stand in the street with a camcorder filming, it is obvious that sound is likely to be recorded and people observing this are unlikely to divulge any personal private matters in front of your camera. With CCTV on the other hand it may not even be immediately obvious that there is a camera present, and even so, there is  still no reason to assume that audio is being recorded. Therefore if allowed, CCTV could capture audio that was intended as private but not unlawful. In the UK we put signs up to warn people that CCTV is in operation, if people ignore the signs and continue to break the law then they deserve everything they get. But people that are not breaking the law and going about their everyday business are entitled to have their conversations kept private. The whole purpose of CCTV is to deter or capture crime, not invade peoples private conversations.

[al-yeti]

I see some couriers have notices saying cctv and audio being recorded for security reasons, all within there area of course , not sure if they do record though

[norman]

With all due respect if you ask 10 different police officers you will get multiple answers to the same question, I installed (with audio) CCTV at my mothers house for issues with a neighbour, the police that visited her over the course of a year or so did not have a scooby about the law and CCTV.

[PeterJames]

With all due respect if you ask 10 different police officers you will get multiple answers to the same question, I installed (with audio) CCTV at my mothers house for issues with a neighbour, the police that visited her over the course of a year or so did not have a scooby about the law and CCTV.

 

I agree, Police officers seldom know the law regarding CCTV I had one try to tell me that I could not have a camera viewing the customers car as it viewed the street. I was so surprised that not only did she know the law that she was supposed to upheld, but she was spouting complete and utter rubbish to someone that is familiar with the laws regarding CCTV. I have many times had to explain to the Police how to use the evidence that we have recorded for them, if the system is not compliant then it has to be used to get an admission not as evidence.

[norman]

The problem is PJ, rather than say 'I'm sorry I don't know /I'm unsure' they give out misleading information by winging it.

[datadiffusion]

True, if I ever wanted a simple proscribed point of civil law clarifying the last person I'd ask is a copper.

[charlie6]

Hi Admin2,

Thanks for your comments (and everyone else's for that matter). You raise an interesting point regarding 'privacy of conversation' and I am not sure that I can a case on the matter for the moment. In principle therefore, I tend to agree with you..but my jury is still out..need time to think about it.

Charlie6

[charlie6]

Had to look back through quite a few recordings for this one.... and make a few enquiries into the bargain.. During a shoot of a school sports day I have a few private conversations (in part) recorded... The camera does not dwell on individuals 'chatting' when there are other scenes which need capturing..Two people having thier 'private conversation' in public is not, unfortunately, private..they are in a public place in the full knowledge that others may overhear them talking. These 'chats' are captured unintentionally and may or may not be used for 'cut in' to the next scene or else 'cut aways'... lasting all of three to five seconds. The remainder of that conversation is of no use and ends up 'on the cutting room floor'. Consider a situation where an argument is taking place between a parking warden and an irate motorist, this may be regarded as a private conversation between two people, nonetheless they are in a public place and being filmed. The parking warden tells me to stop filming, I refuse and he attempts to 'grab' my camera... He is committing an offence..I am not. The subsequent film may be produced in evidence or may be uploaded etc... see Stone's 'Unseen History of America' dvd set. However, if I intentionally film a personal conversation carried on by perfectly innocent people with the prospect of uploading, using in a derogatory manner, for personal gain, and so on then it may be construed as an offence..For action to be taken on this wise.. the resultant film content of two apparently innocent members of the public must be of a duration where there can be no doubt that my actions have infringed their rights viz; data protection, human rights etc. In conclusion, where I choose to film a public place from a position within the boundary of my property whilst any persons present therein are not aware of my actions, as a general rule of thumb no offence is seen to take place...so go ahead and use audio... Finally, 'secret filming' (of say a person's bedroom) is a criminal offence.