Home Video Rights

Collymac

To augment my family history project I bought a video camera about three weeks ago and while practicing with it in my disabled brother's home his carers arrived. Being familiar with these particular carers over a number of years and after they had finished attending my brother, I filmed the two ladies just for a laugh - or so I thought! One of the girls claimed this was illegal and she would inform her supervisor about this but not once did she ask me to stop filming. Anyway, I thought nothing about it and archived the video in my brother's "Friends and family" folder on his PC.

Last week this supervisor called at my brother's house and demanded that the video be deleted or she would notify the police. She requested to see the video but I refused because I couldn't remember what was on it.
After she left and not knowing where I legally stood, I did so for my brother's sake but not before viewing the video again.
A few other remarks by the comlaining carer had been caught by the microphone and the were not very nice!
Sadly this was the only copy as I had deleted it from my camera but what are a person's rights in this situation?

cheepskate_2

Collymac wrote: »

I filmed the two ladies just for a laugh - or so I thought!

Just for a laugh.... I assume the ladies in question were in on the laugh, If not then it's not really a laugh apart from at their expense.
These ladies are there working, not your friends thus you should have asked if it was ok first.

Gloomendoom

Not the exact situation you are in but it may help...

http://www.lawgazette.co.uk/in-practice/practice-points/secret-filming-and-case-law-subsequently-arises

and this...

http://www.vwv.co.uk/site/briefings/briefingsdetail/socialezine2_covert_filiming_300712.html

Naf

Is there something else on the video you do want? If not then what is the problem with just deleting it?
Too save hassle, why not just tell them you have, regardless if you have or not?

I believe (but could easily be wrong) that on your own premises you can video what you like and you don't have to have signs up or ask or anything.

rpc

Was there a reasonable expectation of privacy? No. Did you break any laws? No.

You cannot prove that you did not break any laws, so next time I would challenge them on what law they say you broke. This will probably wreck the relationship with the carers though...

There are limits to what you can do with the video, but there is nothing to stop you taking it. That said, it is normally considered rude to take video/photo of someone without their permission.

Collymac

Naf wrote: »

Is there something else on the video you do want? If not then what is the problem with just deleting it?
Too save hassle, why not just tell them you have, regardless if you have or not?

I believe (but could easily be wrong) that on your own premises you can video what you like and you don't have to have signs up or ask or anything.

Much obliged Naf but in trying to keep my query as short as possible I avoided explaining about the supervisor's bullish attitude i.e "How would you like it if someone outside shoved a camera in your face!" This is not how I filmed the carers as I was always about three or four metres away and it only lasted about two minutes
but the supervisor claimed it lasted ten minutes!
I also promised it would be deleted (not for her but for my brother).

Collymac

rpc wrote: »

Was there a reasonable expectation of privacy? No. Did you break any laws? No.

You cannot prove that you did not break any laws, so next time I would challenge them on what law they say you broke. This will probably wreck the relationship with the carers though...

There are limits to what you can do with the video, but there is nothing to stop you taking it. That said, it is normally considered rude to take video/photo of someone without their permission.

Thanks RPC (and also Cheapskate's post) but being very familiar with all carers over the years it never occurred to ask for permission and some of them seem like family to us although given the economic pressure on the business that will soon be changing.

NAR

Perhaps afterwards one or both of the carers thought you had an ulterior motive for filming them and paranoia(sp) set in!

fluffnutter

It's not illegal to video someone without their permission. It's pretty rude though.

Collymac

fluffnutter wrote: »

It's not illegal to video someone without their permission. It's pretty rude though.

Thanks you Fluffnutter - maybe sometimes familiarity does breed contempt but it happens the other away too.

thanks all who responded. I'll close this thread now if I can find the button!