Devere parking releasing voice recordings and photos to the press.

Hovite_2

andy13 wrote: »

It's perfectly legal to take video or images of anyone in public. The Data protection act does not apply. You can post the video and sound to the internet if you want to.

Any photos and video taken in a public area yes - on private land no. Also voice recordings of a phone conversation are covered by the DPA.

peter_the_piper

Hovite wrote: »

It better not be a Falmer Parish Councillor :mad:

No, Westfield outside of Hastings. No yellow lines, no car parks, bliss. (well almost)

Half_way

Hovite wrote: »

Any photos and video taken in a public area yes - on private land no. Also voice recordings of a phone conversation are covered by the DPA.

And a car park, open to the public is a public area.
As for the voice recordings, as long as the person isnt identified then there should be no problem - Avon and somerset police have a few inappropriate 999 calls online http://www.avonandsomerset.police.uk/units_and_departments/communications/999_calls/index.aspx?MasterPrint=1&

4consumerrights

Half_way wrote: »

And a car park, open to the public is a public area.
As for the voice recordings, as long as the person isnt identified then there should be no problem

There is a subtle difference between being open to the public and a public space:

A public space is defined as being under the control of either Central government or local government and is therefore freely enjoyed by the general population.

A shop or other retail outfit for example cinema or restuarant is a private space where members of the public are invited to attend for the purposes of consumption of goods or services.

The councillor's name was disclosed on the voice recording.

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Her comments regarding the number of parking spaces available for disabled users were very underhand.

Just because there were several empty on the day and time she went, does not mean that at other times they are not used. The car park is huge 3,000 spaces with just 144 designated disabled so under the national guidelines.

Castlepoint could be in real trouble if they tried to reduce disabled parking bays further by failing to meet the criteria for making reasonable adjustments under the Equality Act.

Many large retail outlets such as this one will very even provide wheelchairs to enable customers with mobility problems to access their facilities - another reasonable adjustment made to meet their legal obligations.


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Maybe the councillor paid the charge - hoping to reclaim it on her expenses?!!

nigelbb

Half_way wrote: »

And a car park, open to the public is a public area.
As for the voice recordings, as long as the person isnt identified then there should be no problem - Avon and somerset police have a few inappropriate 999 calls online http://www.avonandsomerset.police.uk/units_and_departments/communications/999_calls/index.aspx?MasterPrint=1&

Even if the person is identified in the recorded telephone conversation it's not a criminal offence but a tort that would require the offended party to sue. However I am not even sure that any offence was committed in this case as it is lawful for a business to record telephone conversations amongst other reasons "to provide evidence of a business transaction". I don't know whether the relevant law (Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 ("LBP Regulations")) says anything about releasing that recording to 3rd-parties

Fergie76

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm