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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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What is the legal position someone dropping litter,

Resolved Question:

What is the legal position for filming someone dropping litter, for example, and then posting that film on line and asking the general public to identify that person or persons? Once someone has emailed me a name or several people have emailed me the same name my intention is to send that film with the name and address to the police and/or local council for prosecution.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think you should not do that?
Customer: replied 2 years ago.

Hello Jo,

I am thinking of setting up a website to counter anti-social behavior like dropping litter, dog-fouling, etc., and providing evidence to the police or local council for prosecution.

Everyone carries a smart phone these days and rather than getting into confrontations, I want people to discretely take photos or film them and then pass this to me via my website.

I will make sure that content is appropriate and then publish it online asking people in my area if they know this person and where they live. If I get one or more responses I will pass the information on.

This is where the law comes in, I don't want to get into any situation where me or the people taking the video or photos can be counter sued for invasion of privacy, or mis-identification or some other way of avoiding prosecution.

My goal is to clear up the streets and countryside by re-educating people.

regards

tony

Expert:  Jo C. replied 2 years ago.
You are perfectly free to do what you propose.
All this nonsense about privacy is a myth. There is no free standing tort of invasion of privacy in the UK. There were attempts to make the HRA apply which have failed spectacularly.
There are offences in filming somebody doing something really private like using a bathroom but you are talking about filming a person doing something in public. They will be on a million CCTV cameras every minute of their lives anyway. You are doing no more than the local council regularly do.
If you repeatedly pursue one person and film them then there may be an argument that is harassment but if you are just talking about collecting footage of random anti social conduct then that is perfectly lawful.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks Jo,

Can I have this final reply as an email?

regards

tony

Expert:  Jo C. replied 2 years ago.
I think it is sent to you by email as well.
If not, you can ask customer services on***@******.***
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