What’s the law on filming on public road

[RobTi]

Hi I was on another site and this question was brought up, so I am looking to cover my car which is parked on a communal driveway( space for 2 cars) so what does the law say if I catch the pavement in front of my car and anyone walking past my car into a joint area for access to myself and downstairs neighbours gates ?
Thanks

 

[cwhaley]

The police say the camera should be angled to record only your own land and not on any public areas. A neighbour electrician put his up and the police were called to check the positioning. I don't think there's a specific law to rule out you recording the carriageway or pavement, but you are asked to be mindful (perhaps use privacy filters) and be respectful of the privacy of neighbours, etc.

In practice there are a lot of private domestic cameras out there recording parts of the road though! A car dash cam is totally legal and unless someone requests I delete it, I'm allowed to film the road and the people on it.

 

[bernardgreen]

The legal position is here

https://www.gov.uk/government/publi...stic-cctv-using-cctv-systems-on-your-property

 

[JohnD]

The legal position is here

I don't think it is, actually. It says "code" "consideration" "recommendations" "should" and "be aware"

A code of good practice is not the same as law.

It does also say "Please see the Information Commissioner’s Office website for more information about domestic cameras covering areas other than your own property." although the link doesn't work.

 

[bernardgreen]

Below is a short set of considerations to guide you through steps for ensuring that your CCTV security system reduces the risk of intruding on the privacy of others, including neighbours.

People using the public highway are not in a place of privacy.

 

[Bosswhite]

People using the public highway are not in a place of privacy.

One reason why Police ask for CCTV footage if there is a serious crime .

 

[cwhaley]

This is similar to how some people try to quote the Highway Code as law. The guidance on domestic CCTV is just that - guidance.

 

[Tigercubrider]

A mate won his insurance case, proving that a guy drifted into his side of the road, crashing head on, by getting cctv from a local business.

A bit of extra coverage of a public path should be fine.
Someone's garden not so much

 

[Bosswhite]

One can stand on a Public Highway and take photos or film properties ( there are certain Security exclusions)

"Google Street View " which will include ones front garden . . .

 

[Iamchamps]

Having 6 cameras 2 of which catch a lot of the public road/highway that is not a problem. The others capture some of my neighbours private land which would be a problem except my neighbour is happy with it as it protects them as well (good friends with neighbour)

I have had police knock and ask for footage from the public road and were very happy that my cameras covered it.

 

[Dumachii]

MAke sure you get a 1080p one else they suck

 

[Sor]

For the time beeing, I believe you have to comply to EU Directives https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32016R0679, and can not film public areas unless authorized to do so (in Portugal, by the national personal data protection commission).
In here, if you want to film common areas such as inside a condo, you have to inform and have a license from the commission, you cannot record sound and you have to put signs informing the residants that there is CCTV.

I did not read this new Directive, but I believe it must be at least similar to the previous one (Directive 95/46), since the new one is more rigid as for personal data protection.

If you do not comply, courts can reject your footage as evidence. As an exemple, you might want to read numbers 13, 14, 15, 16 and 35 of the EU Justice court decision https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62013CJ0212.

 

[JohnD]

EU directives do not apply to citizens, they apply to national governments which, if they think fit, will pass national laws approximating to them.

 

[Sally2000]

Roads and pavements are public places and they can be watched by cameras.
I live on a corner by a junction and the cameras cover the roads on two sides on high definition. Neighbours and police have been glad to have the recordings after accidents and burglary.
The ICO advice is quite clear and I follow it. It's changing now to conform with GDPR.
Our CCTV is registered with the ICO, which at the last annual renewal cost £35, but I believe that is also changing.

 

[cwhaley]

EU directives do not apply to citizens, they apply to national governments which, if they think fit, will pass national laws approximating to them.

... which opens up a whole jam jar of problems. Directives are drafted by the Commission through the work of individual member country representatives. For countries with high numbers of representatives this works great, but for others it does not. That is largely why the implementation of EU directives varies depending on what is at stake. As a model it doesn't work fairly.