taking photos of children

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anna_marie09

anna_marie09

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hi
i was wondering what rights does a parent have if there children had there photo taken without me knowing and put on the net?.....photo was taken behind a livingroom window,looking outside onto my front drive.

thanks
 
I can't work out what you're saying. You took a photo of some children? Your children had their photo taken?
 
Have a look here. It gives you a pretty comprehensive detail on the subject.

I'm always pretty paranoid about things like that too, but the trick is just to be discreet and use your common sense.
 
:popcorn::popcorn::popcorn:

sits back with lots of popcorn and waits for another round of :boxer: regarding taking pics of children.

:shake:
 
it doesnt matter i was just wanting advise. i will see what my lawyer and police say
 
So, the person taking the photo was in his/her house taking the pic from their livingroom through their window which overlooks your drive?

The kids were in your drive or on the street?
 
If the person taking the pic was in a public place, none. The only exception is if the child should not be identified because of social services issues in which case there is a special order in place.

As least that's my understanding of it. Photography in a public place is not illegal and you don't have any protection just because they were in the house looking out. That's why Paparazzi can snipe into peoples gardens/houses/cars etc.

Just noticed you are in Scotland so it's Scot's Law that you need to consult.
 
yes behind her window and my kids were in my drive...she also has other children on this site shes using where i live and she told the police she doesnt own a camera
 
AliB said:
As least that's my understanding of it. Photography in a public place is not illegal and you don't have any protection just because they were in the house looking out. That's why Paparazzi can snipe into peoples gardens/houses/cars etc.

Just noticed you are in Scotland so it's Scot's Law that you need to consult.
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Scots law is the same. My boyfriend shot some pics that he was doing for a dog training website at one of their open days last year and he used a picture of a child receiving a prize on the site. We looked into this at the time and like you say, Ali, as long as you are in a public place you can shoot pretty much what you want.
 
anna_marie09 said:
yes behind her window and my kids were in my drive...she also has other children on this site shes using where i live and she told the police she doesnt own a camera
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If she is telling the police she has no camera but is taking photos behind her window, it would appear she may be up to no good, what sort of site is she putting the photos on ?
 
the only ones ive seen so far is flickr n bebo with most kids ....it is very dodgy and was just wanting some advise thats all
 
anna_marie09 said:
my drive is not a public place though
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She wasn't in your drive though, it's not illegal to take pictures onto private property. Although telling the police she doesnt own a camera sounds a bit dodgy :thinking:. Especially given the fact that taking the pictures isn't breaking any law.
 
If you think it's dodgy inform the police, and give them some evidence, ie the site's she is using., if she has nothing to hide their shoudn't be a problem.
 
mole2k said:
She wasn't in your drive though, it's not illegal to take pictures onto private property. Although telling the police she doesnt own a camera sounds a bit dodgy :thinking:. Especially given the fact that taking the pictures isn't breaking any law.
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It does seem a bit strange telling the police that there was no camera involved, but most people to be fair are really cagey about things like that because of what they perceive to be legal. She possible just got a bit of a fright.
 
she got a fright? seeing my kids plastered on the net gave me a flipping fright,but thanks alot for the input the police have been informed by a number of parents and me about the same thing.i was just wanting some info about rights in stuff

thanks for the help
 
I'm positive that if you install CCTV in your property then it's only allowed to monitor your property and not public or other private property. I'm not 100% sure of this and also if such a rule would carry over to photography although because she appears to be doing it covertly then perhaps it does?

I've been in the security control room for Carnaby Street (looking for some guys who stole the boss's laptop) and they have software which automatically blacks out residential windows as the cameras sweep past.

I reckon that not only is she photographing covertly, photographing into your property, photographing children and also posting them on the web you'll probably have quite a lot of support from the authorities as it could be seen as harrassment if she continues to do it (because it's causing you concern for the safety of your children) and also could be seen as Invasion of Privacy.

Here's some quotes from the photographers rights article and take from it what you may. The full link is: http://www.sirimo.co.uk/media/UKPhotographersRights.pdf

Harassment is essentially behaviour
that causes another person alarm or distress and it
refers to a course of conduct, not a single incident. (A
“course of conduct” means at least two occasions.)
If a photographer stalks a subject in order to get a
photograph of them, or repeatedly thrusts a camera in
someone’s face, this might be harassment.

and also:

Taking photographs of a person in a public place
would not normally be regarded as an invasion of
privacy. The key seems to be whether the place is one
where a person would have a reasonable expectation
of privacy. Using a telephoto lens to take a photo of
someone in a private place, such as their home, without
their consent, is probably an invasion of privacy even
though the photo is taken from a public place.
 
mole2k said:
She wasn't in your drive though, it's not illegal to take pictures onto private property. Although telling the police she doesnt own a camera sounds a bit dodgy :thinking:. Especially given the fact that taking the pictures isn't breaking any law.
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Yup I'll go with that too. If you're standing in a public place or your own property you have a right to photograph anyone or anything that you can see even if the subject of your photo is on private property :)

You can use photos taken in this way for commercial gain or whatever you please without permission of the people in them as long as you took the photo and have copyright.

edit: as long as you're not breaking any other laws like public decency, sexual pics of minors etc.....
 
Harassment is essentially behaviour
that causes another person alarm or distress and it
refers to a course of conduct, not a single incident. (A
“course of conduct” means at least two occasions.)
If a photographer stalks a subject in order to get a
photograph of them, or repeatedly thrusts a camera in
someone’s face, this might be harassment.
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But harassment itself, as that pdf states, isn't a crime in Scotland, telling porkies to a police officer is though.....
 
What are the photos being used for???
 
i dont know what they are used for (thats whats worring me) but some are on a website thats kind of like an online diary thing dated back way before august 08....and some of the comments she has put on with them about the other children is worrying like she would like to kill the little b******ds they have done nothing wrong but play on the fronts no where near her.
 
Is she taking photos of something the children are doing? maybe throwing stones or something (not saying yours are involved) she might just be a bit odd and is taking the photos to prove annoyance or something like that.
I'm puzzled why she'd be posting the pics on her website and saying she hasn't a camera, thats daft the police can easily trace the website, did you show them it?? Wayne
 
the kids dont do nothing to her and wasnt doing anything this is why we are worried.the kids normaly play at the bottom and she lives at the top if you know what i mean, apart from mine they just play on my drive.

the police have seen the site and photos of children and told them everything and now we are just waiting to hear what they say but i just came on here to see what my rights are as a parent but what ive read its mixed which as made me more confused in stuff....but thanks for all your replys
 
Ive done some research into this recently and im sure i have read somewhere that if you are in a public place you are free to photograph anyone but if you are in a building photographing something outside the building without there consent is illegal and as for putting it onto a website im pretty sure that is illegal because of the way it was taken. But on the other hand i could of misunderstood the laws.
 
im sure its wrong taking a picture of children without a parents permission but the laws are always changing.ive tried searching but it doesnt really give out any help
 
anna_marie09 said:
im sure its wrong taking a picture of children without a parents permission but the laws are always changing.ive tried searching but it doesnt really give out any help
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Im pretty sure it doesnt matter whether its children or adults i think its still illegal to take photographs of them without them knowing from the inside of any building.
 
but it would help more if i could prove it,is there any way u can provide this info? ive tried the net but im unsure what to put and when i do it doesnt come up with anything to help
 
benx123 said:
Im pretty sure it doesnt matter whether its children or adults i think its still illegal to take photographs of them without them knowing from the inside of any building.
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So by your reasoning then, every indoor CCTV camera (that records) is illegal if it records children.
 
I think it would be pretty easy to prove if it obvious from the photos (landmarks, street signs etc) where they were taken from...
 
how did it get onto cctv cameras????? the photo was taken with a digital camera as in her diary she brought it for her self for her birthday.


this would b great if you could benx123 or even point me in the right direction
 
anna_marie09 said:
how did it get onto cctv cameras????? the photo was taken with a digital camera as in her diary she brought it for her self for her birthday.
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Only because it may provide an avenue for linking any laws that may be applicable and perhaps because of them manner in which the photos are being taken may be seen as surveillance. I think we are just trying to think outside of the box also to help :)
 
mattyh said:
So by your reasoning then, every indoor CCTV camera (that records) is illegal if it records children.
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Yes but where there is cctv there are warnings that cctv is being used. Taking photos of people from inside your house without them knowing is equivalent to spying, no?
 
benx123 said:
Im pretty sure it doesnt matter whether its children or adults i think its still illegal to take photographs of them without them knowing from the inside of any building.
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Poppycock. The only laws in place relate to taking photographs of people while they expect a reasonable degree of privacy. Front drives don not count. Taking potographs INTO houses on the other hand, do - maybe that is where you are mixing it up?

anna_marie09 said:
how did it get onto cctv cameras????? the photo was taken with a digital camera as in her diary she brought it for her self for her birthday.


this would b great if you could benx123 or even point me in the right direction
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I would imagine it got to CCTV because that is, essentially, photography and as such will be subject to the same laws.

IMO legally this person is in the clear UNLESS it is proved they were using the photographs for pervy purposes.
 
anna_marie09 said:
yes behind her window and my kids were in my drive...she also has other children on this site shes using where i live and she told the police she doesnt own a camera
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Even if your kids were on private property they could be seen from public property therefore she can take photos of them.


benx123 said:
Ive done some research into this recently and im sure i have read somewhere that if you are in a public place you are free to photograph anyone but if you are in a building photographing something outside the building without there consent is illegal and as for putting it onto a website im pretty sure that is illegal because of the way it was taken. But on the other hand i could of misunderstood the laws.
Click to expand...

You have misunderstood.
 
anna_marie09 said:
im sure its wrong taking a picture of children without a parents permission but the laws are always changing.ive tried searching but it doesnt really give out any help
Click to expand...

That's because it's not illegal. Never has been.
 
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