Breach of Human Rights to take a photo?

[Matthew_T]

I was walking through town today and noticed a driver on the phone so I took a picture of him. I then saw a police officer soon afterwards and wanted to just notify him to keep a look out for the car, I wasnt expecting him to do anything, just keep an eye out.
So I approached the officer and the convo went something like this:

Me: Hello, I have just seen a white Mazda drive on the phone stopped at the traffic lights just up the road a minute ago. I have taken a picture of him on his phone and a picture of his license plate.
Officer: Unfortunately unless I see him I cannot do anything. Its a negligible offence, which means that I must see him doing it to be able to do something.
M: But I took a picture of him. I can report it to 101 anyway.
O: There's no point. We still cannot do anything. Whats the license number of the vehicle?
M: I'll show you on the picture.
*I hand him the phone*
O: Sorry, I cannot do anything with this. As I said, I need to see the person on the phone.
M: Okay then.

O: BTW, you need to be careful when taking pictures of people.
M: Why?
O: Because it could be a breach of their human rights.
M: But we are in a public place.
O: Did the driver see you?
M: No.
O: Well if he had, he could have requested that you delete the photo and you must do that.
M: But we are in a public place, there is no expectation of privacy. When I am cycling I wear a helmet camera, and that is perfectly legal.
O: Yes, because that is used for recreational and sporting activities. You see these CCTV cameras and the cameras the police use, well we need permission to film in these areas and we cannot distribute the film without the persons consent. Taking a picture of someone is still a breach of their human rights.
M: I could understand if I was targeting the person or following them around because that would be harassment but I was simply taking one picture.
O: You can check it out online if you are not sure. Human Rights Act, Article 8 I believe.
M: Okay, I will check that out when I get home.
O: Okay then, goodbye.
M: Goodbye.

Article 8 of the Human Rights Act 1998 reads:

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

http://www.yourrights.org.uk/yourri...t-to-respect-for-private-and-family-life.html

From what I have read, it seems that the officer was referring to the police and council taking pictures of people. If this is incorrect can someone please correct me because from what I believe, the officer was talking rubbish.

 

[Matthew_T]

For the record I am not going to do anything about the driver on the phone and have already deleted the photo.

 

[roadrash]

 

[Matthew_T]

Just feeding the fire.

 

[mark st1]

Id be wary of taking pictures of random strangers in case they get out and smack you in the chops. Im sure if they had kids in the car you could also be accused of all sorts of things which could land you in the shoot. Just write the number plate down if you feel you want to do anything and maybe send it off in an e mail to the police.

 

[Leodis]

 

[Cheddar George]

"I made a promise on the grave of my parents that I would rid this city of the evil that took their lives. By day, I am Bruce Wayne Matthew T, billionaire philanthropist. At night, criminals, a cowardly and superstitious lot, call me... Batman."

 

[bikepete]

This pretty much covers the legal side of it:

http://www.sirimo.co.uk/2009/05/14/uk-photographers-rights-v2/

 

[Deleted member 23692]

O: Well if he had, he could have requested that you delete the photo and you must do that.

Incorrect - if you've committed a crime in taking the photo (which you haven't in this case) it's evidence, and cannot be deleted without a court order. It's that simple

 

[Leodis]

Flippin coppers not knowing the law, now if it had been some social work issue you asked about they would have been clued up.

 

[Matthew_T]

These are the only cases which I believe you cannot take a picture:

• In a private building or on private property.
• A public building where photography is not allowed.
• Taking a picture of a child without the parent/guardians consent.
• Targeting one person and following them around (Harassment).
• Taking an indecent picture of someone.
• Taking a picture breaching someones privacy (personal details, etc).

Anymore then please add to the list.
There were no kid in the car BTW. The vehicle is used by a local pizza delivery company (posters in back window). The driver was on the phone and had a passenger who was more than capable of taking the call or at least notifying the driver of what he was doing was illegal (if he had known).

 

[Flying_Monkey]

It is slightly more complicated than Wikipedia (and the photographic organisations) claim. This is because there was a European Court case, Peck v UK (2003) 36 EHRR 41, which, although it is about local authorities and CCTV footage, does establish that a right to privacy in public places exists in British law, and further, that publication of pictures taken in a public place can infringe a person's privacy.

The policeman was therefore wrong about the particular case in point. However, if you had tried to put the person's picture online or on a poster, there could be reason to believe that you had breached their right to privacy (depending on the context, what they were doing etc.). It has to be said that the full implications of this have yet to filter through into law and practice in the UK.

 

[albion]

Copper was probably on the way for a pizza.
Lucky for you his tummy never rumbled harder.

 

[Matthew_T]

Once again it is the case of not necessarily incorrect, but just a misguided person. I do feel sorry for people who are taught the wrong things in life, its not their fault.
For example, I am learning to drive this week and have learnt many things that I thought would happen but just wont (mainly what happens during the test). I have also learnt easier ways of controlling the car and my speed and how to judge what other traffic is doing. I will probably incorporate this in my cycling too.

 

[threebikesmcginty]

Ever been anywhere and not got involved in any kind of altercation, Matthew?