Re: Legality of photographing a train driver in their cab driving
- From: Berenger <berenger@xxxxxxxxxxxxxx>
- Date: Fri, 16 Dec 2005 11:34:14 +0000 (UTC)
On Fri, 16 Dec 2005 10:12:01 -0000, "Chris Morrison"
<chris-morrison@xxxxxxxxxxx> wrote:
>I wonder if someone can clarify a point with has been getting some rather
>heated discussion in the canteen at work of late.
>>
>Yesterday, the Evening Standard published several pictures taken by a member
>of the public, from a footbridge, of Northern Line train drivers in their
>cabs supposedly being distracted while driving a train at 35mph.
>
No law broken there the footbridge is probably a public right of way,
no trespass has been committed, I can't see a problem
>
>
>I would like to emphasise at this point that I am not initiating a debate on
>whether or not these drivers where in the wrong. If they have endangered the
>lives of their passengers then they deserve all they get.
>
I think you will find endangering the lives of the public may be a
crime.
>
>The point I have been arguing is whether or not the law has been broken and
>an offence committed by:
>
>- This individual by taking these pictures.
>
No law is broken - public place, had a right to be there, driver had
no expectation of privacy as per the Data Protection Act.
>- The individual by sending them to the Evening Standard.
>
Can't see any law broken there either.
>- The Evening Standard by publishing them.
>
DPA might come in as the individuals are recognized and they are the
main subject of the picture but Public interest and prevention of
crime would probably defeat that.
>
>
>The pictures concerned where extremely clear, high-quality, and very close
>up shots of drivers in their driving cabs taken without their consent or
>knowledge in which they could be clearly identified. This person has
>obviously set up a camera on a tripod with a zoom-lens, photographing the
>drivers of oncoming trains.
>
There is the possibility of a charge of obstructing the public highway
if they were using a tripod. If they were using a high powered flash -
unlikely otherwise yo would see the reflection in the train windows -
they could be done for distracting the driver and thereby endangering
public safety.
>
>
>I know (correct me if I am wrong) that if I was to go out with a camera and
>take close up pictures of people in the street without their consent, I
>would be braking the law.
>
Only in a very limited number of circumstances. If you were to go into
a drug clinic or an AA meeting and did it you would be in breach of
the DPA as the have a reasonable right to privacy. They same should be
true of a public toilet but given the Information Commissioner has
allowed CCTV in toilets I am not sure on that one now. On the public
highway walking around there is no reasonable right to privacy
therefore taking a picture without consent does not break the law. If
you then use it commercially different rules apply but really all you
need to do is register with the Information Commissioner that this is
what you are going to do with the photos and you will be OK.
However I would not suggest taking close-ups of people without
permission because you might to end up with the camera embedded in
your face or worse. And don't even bother pointing a camera at child
that is not yours without permission as the Child Protection Zealots
will be on your case.
>
>
>Surely the same thing applies here?
>
>Train drivers are not Hollywood celebrities; surely they would have a
>reasonable expectation of privacy while doing their jobs, and not to have
>their picture taken and slapped all over the newspapers without their
>permission.
>
>
I can't see why they would expect to have a reasonable expectation of
privacy. They are on a public highway most of the time. Possibly if
you stick the camera inside the cab there may be a trespass but
otherwise I can't see what law is broken.
Note - this does not take into account the law on harassment which may
come into play under very limited circumstances.
.
- References:
- Legality of photographing a train driver in their cab driving
- From: Chris Morrison
- Legality of photographing a train driver in their cab driving
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