Re: Videoing someone without their knowledge or consent

On May 2, 7:21 am, FriarTuck <a...@xxxxxxxxxxxxxxxxxxxxxxxxxx> wrote:
On Tue, 01 May 2007 11:35:38 -0700, tonyjeffs wrote:
In a childrens soap (Hollyoaks), a student has covertly installed a
webcam in his girlfriend's bedroom and is recording her daily. I'm
curious as to what criminal law he's contravening. Is there a uk law?

There was a case I read about ages ago (wish I still had the reference)
where a neighbour entrusted with a key had installed video cameras and the
court essentially said it was the other parties own fault for trusting the
neighbour... british "Just-Is|" in action....

That case seems quite wrongly decided (at least on the basis of
British oriented commen law). Entrusting a neighbour with a key
carries with it an explicit or implied licence of how the key is to be
used, eg emergencies, feeding the cat, admitting tradespeople etc.
Using the key to gain access to install a video camera would clearly
be outside the terms of any such licence (even if the scope of the
licence is not clear), and the person entering the premises for that
purpose can be sued for trespass or prosecuted for breaking and
entering.

In both instances, the person using the camera would be wide open for
prosecution under 'peeping Tom' laws, and even in the OP's example
could probably be sued for trespass since installing a camera would go
beyond any reasonable implied licence that the 'installer' had to be
on the premises.

An Australian man was recently caught with an upward facing camera
installed in the toe of his plimsoll and was charged with appropriate
offences (I am unaware of the outcome). His victim was smart enough
to rumble to what was going on.

.

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