Legality of Cameras

[confusedsilly]

Hello,

 

I ride a motorbike, and helmets can be fitted with cameras, which I am very interested in doing.

 

If I have an accident can I then use this camera footage as evidence? Or is their some ridiculous law about invasion of privacy and how a video footage of the exact incident is not allowed to be used as evidence (heaven forbid an objective true incident report!)

 

What are my rights on this?

[sailor sam]

Hi there.

 

As long as any footage you film isn't put in the public domain where anyone can be identified without their knowledge and consent, it is perfectly legal.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[crem]

In car video cameras are becoming more popular I think and as far as I am aware, such impartial evidence is always considered a bonus by insurance companies.

[rebel11]

http://www.yourrights.org.uk/yourrights/privacy/other-types-of-surveillance/cctv-surveillance.html

 

http://www.yourrights.org.uk/yourrights/privacy/other-types-of-surveillance/index.html

[h8_Halifax]

Hi there.

As long as any footage you film isn't put in the public domain where anyone can be identified without their knowledge and consent, it is perfectly legal.

why are the rules different for motor vehicles and premises?

i.e.

a cctv camera outside a home, or office, needs a warning sign, yet i can put one on my car and simply "not put the footage in the public domain".

surely i can't be the only one who thinks this is really dumb.

[Endymion]

Sailor Sam is incorrect. Sam's assertions are somewhat of an urban myth.

The Information Commissioner confirms that private recordings do not come under the Data Protection Act:-

 

Some uses of CCTV are not covered by the Data Protection Act; for example, the use of cameras for limited household purposes (such as to protect a home from burglary) - even if the camera overlooks the street (for more information on this, see our FAQ). If you are concerned that CCTV is being used for harassment, anti social behaviour or other matters dealt with under the criminal law, then these are matters for the police. Images taken for recreation, such as on mobile phones, digital cameras and camcorders, are also exempt from the Act.

 

Source:-

 

http://www.ico.gov.uk/for_the_public/topic_specific_guides/cctv.aspx

 

Also, even if by some chance someone managed to persuade the Information Comissioner that any video image did come under the Data Protection Act, Section 35.2 of the DPA allows previously priviledged footage to be disclosed if the subject of litigation, proposed or actual. So if you did witness a car accident or involved in one, then you could use the footage if you made a claim etc.

 

Section 35.2 of the DPA:-

 

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

 

So, you have nothing to fear by riding around with a camera on your helmet - unless that will compromise your ability to rise the bike - but that is a different kettle of fish entirely!

[sailor sam]

Sailor Sam is incorrect. Sam's assertions are somewhat of an urban myth.

The Information Commissioner confirms that private recordings do not come under the Data Protection Act:-

 

Some uses of CCTV are not covered by the Data Protection Act; for example, the use of cameras for limited household purposes (such as to protect a home from burglary) - even if the camera overlooks the street (for more information on this, see our FAQ). If you are concerned that CCTV is being used for harassment, anti social behaviour or other matters dealt with under the criminal law, then these are matters for the police. Images taken for recreation, such as on mobile phones, digital cameras and camcorders, are also exempt from the Act.

 

Source:-

 

http://www.ico.gov.uk/for_the_public/topic_specific_guides/cctv.aspx

 

Also, even if by some chance someone managed to persuade the Information Comissioner that any video image did come under the Data Protection Act, Section 35.2 of the DPA allows previously priviledged footage to be disclosed if the subject of litigation, proposed or actual. So if you did witness a car accident or involved in one, then you could use the footage if you made a claim etc.

 

Section 35.2 of the DPA:-

 

(2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b)for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

 

So, you have nothing to fear by riding around with a camera on your helmet - unless that will compromise your ability to rise the bike - but that is a different kettle of fish entirely!

 

Obviously you didn't read my post correctly!

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[h8_Halifax]

cheers guys ... really big help, many, many thanks for your time

[borisbeaver]

This often pops up on the police reality shows where someone moans about the cameras "camering" them. The normal reply from the police is that they are filming in a public place.

[sailor sam]

This often pops up on the police reality shows where someone moans about the cameras "camering" them. The normal reply from the police is that they are filming in a public place.

 

You will also note that sometimes the faces of the 'stars' of the show are obscured as well as their VRMs. This is because they either havn't been consulted or given consent on having 'their' footage put on the public domain (i.e. television.) As I mentioned earlier, it is perfectly legal for CCTV footage containing members of the public to be used in an investigative manor providing it is not put in the public domain without their consent or knowledge.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[ScarletPimpernel]

An acquaintance of mine had a camera fitted to his motorcycle. When he crashed at high speed on the Isle of Man, the footage was used by the police to aid in the conviction of the rider who caused the collision (indicating left then turning right). The IOM police then passed the memory card to another force, in whose area my acquaintance had filmed himself speeding up the A1; he ended up with a fine and points.

 

There didn't seem to be any privacy dramas.

[danielr]

the only thing that I'd add and I will pre-face this with saying it's hearsay, and might not be a fact.

 

I'm sure I read somewhere that some insurers don't like helmet cameras, a search of you tube for helmet cam shows that these are mostly used by people who think that they are some kind of racing driver on the public roads.

Much the same as insurance companies don't like car drivers having dash mounted stop watches or timing gear.

 

Check your insurance small print, you could find use of some sorts of equipment invalidates your insurance. -and that would make it illegal because using that equipment means that you;re driving without insurance.

[patdavies]

An acquaintance of mine had a camera fitted to his motorcycle. When he crashed at high speed on the Isle of Man, the footage was used by the police to aid in the conviction of the rider who caused the collision (indicating left then turning right). The IOM police then passed the memory card to another force, in whose area my acquaintance had filmed himself speeding up the A1; he ended up with a fine and points.

 

There didn't seem to be any privacy dramas.

 

There aren't. There is an absolute exemption under the DPA for the investigation of criminal mattters