Taking photographs from a footpath

Taking photographs from a footpath

Author
Discussion

BrettMRC

Original Poster:

4,840 posts

173 months

Monday 17th February
quotequote all
Is there an expectation of privacy if someone takes a photograph from a public footpath?

I've been getting ever increasing threats as a result of taking photo's from a footpath; these pictures look down from the hill into a commercial operation that is breaching a number of planning conditions, health and safety laws etc.

The way I see it the operation in question dominates the landscape, in many ways it would be impossible to take a picture without including their property - even if I did so from within my own home.

Thoughts?

Riley Blue

22,133 posts

239 months

Monday 17th February
quotequote all
Carry on snapping.

skyebear

800 posts

19 months

Monday 17th February
quotequote all
You can legally take photos of anything from a public place and there is no expectation of privacy. You should also report any and all threats to the police.

119

10,817 posts

49 months

Monday 17th February
quotequote all
Why not just use your drone?

BrettMRC

Original Poster:

4,840 posts

173 months

Monday 17th February
quotequote all
119 said:
Why not just use your drone?
Due to the recent DJI/CAA changes and updates I can't seem to get the drone to fly here any more, it's not possible to get zone authorisation... (been trying for the last 6 months off and on, won't even turn a rotor!)


Greendubber

14,150 posts

216 months

Monday 17th February
quotequote all
Thoughts are you're doing nothing wrong and can continue to do what you're doing.

If they continue the threaten you then contact the company responsible for the operation or the police. I'd suggest not getting into an argument with an ill-informed security guard/site worker over it though. If they get a bit aggro just leave and return another time.

Simpo Two

88,558 posts

278 months

Monday 17th February
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BrettMRC

Original Poster:

4,840 posts

173 months

Monday 17th February
quotequote all
Simpo Two said:
That is pretty special hehe

Gareth Mallory

42 posts

4 months

Monday 17th February
quotequote all
skyebear said:
You can legally take photos of anything from a public place and there is no expectation of privacy. You should also report any and all threats to the police.
Not true. Context is everything.

Its Just Adz

15,884 posts

222 months

Monday 17th February
quotequote all
If you were aiming the camera into someone's home, then no, you can't do it.
Looking into a business premises, I'm honestly not 100%.
I would think you're in the clear though.

Gareth Mallory

42 posts

4 months

Monday 17th February
quotequote all
Its Just Adz said:
If you were aiming the camera into someone's home, then no, you can't do it.
Looking into a business premises, I'm honestly not 100%.
I would think you're in the clear though.
It depends if theres any more background to it?

Is it something like an mod supplier that comes under the official secrets act? Have the police been involved and have a legal order? Are the pictures for commercial use? All things that may prevent an individual in a public place aiming their camera at commercial premises.

Its Just Adz

15,884 posts

222 months

Monday 17th February
quotequote all
Gareth Mallory said:
It depends if theres any more background to it?

Is it something like an mod supplier that comes under the official secrets act? Have the police been involved and have a legal order? Are the pictures for commercial use? All things that may prevent an individual in a public place aiming their camera at commercial premises.
Yes, you're correct.
A lot more context is needed.

BrettMRC

Original Poster:

4,840 posts

173 months

Monday 17th February
quotequote all
It's a huge commercial dairy farm that takes the piss in a number of ways. (Ignores planning restrictions, destroys the roads, big fan of fox and hare hunting with dogs, numerous environmental breaches, some clear animal cruelty, owns a number of similar ventures across the region)

Usual MO is to keep up the pressure until the locals sell up so they can have their land as well.

We're not playing ball though.

Sadly, neither are the council and the local rural crime team try their best but are painfully stretched - in all cases evidence required to support any action more or less has to be gathered by the local residents and this creates tension with the workforce, often leading to threats that are hard to prove.

Not uncommon around here for people who complain too loudly to be on the receiving end of a serious kicking, hence pretty much all of us now have houses dripping with CCTV.

For the record...not a NIMBY, just don't like people ignoring the laws and rules the rest of us obey.


paul_c123

450 posts

6 months

Monday 17th February
quotequote all
Is it "a public place" though? Plenty of rights of way (ie footpaths and other roads/tracks) cross private land and while there is a public right of way across the land, the ownership remains with the private owner and not some public body like the council, highways agency, crown, etc.

bergclimber34

880 posts

6 months

Monday 17th February
quotequote all
Most of the gormless so caed auditors are doing it to get a reaction and then try and exploit the only law they know anything about by showing it to idiot who might watch it. A lot of them also fly drones which is not only highly dangerous but very unlike simply taking pictures.

I would think it a little odd for sure, but if you are far enough away and on a footpath I suppose you can do what you want,

BrettMRC

Original Poster:

4,840 posts

173 months

Monday 17th February
quotequote all
bergclimber34 said:
Most of the gormless so caed auditors are doing it to get a reaction and then try and exploit the only law they know anything about by showing it to idiot who might watch it. A lot of them also fly drones which is not only highly dangerous but very unlike simply taking pictures.

I would think it a little odd for sure, but if you are far enough away and on a footpath I suppose you can do what you want,
I agree - at most we're talking about people taking a few pictures from their mobile phone while on the road or a footpath, no set pattern and certainly not a daily thing.

Austin Prefect

630 posts

5 months

Monday 17th February
quotequote all
paul_c123 said:
Is it "a public place" though? Plenty of rights of way (ie footpaths and other roads/tracks) cross private land and while there is a public right of way across the land, the ownership remains with the private owner and not some public body like the council, highways agency, crown, etc.
A right of way is a public place by definition, because the public have access. But yes, the land could be private.

Bigends

5,815 posts

141 months

Monday 17th February
quotequote all
More info here. OP where are you taking phoros from - countgryside or public footpath

https://www.landscapeinstitute.org/blog/photograph...

Jeremy-75qq8

1,326 posts

105 months

Monday 17th February
quotequote all
I am sure it is fine in isolation but if you are causing a nuisance or harassing them then I suspect they can take action.

If there are health and safety violations then write to them and the hse. They would see you are a trouble marker and from what you have said I would tend to agree.

If you have reported it and no action taken then I suspect that is where it ends.

paul_c123

450 posts

6 months

Monday 17th February
quotequote all
I suspect the problem isn't so much whether its legal or not; but that if the landowner/commercial operation/farm is sufficiently wealthy, and has sufficient support in the local area, you will make yourself very unpopular in the local area and the council/police/other locals won't really support you because they're all in bed with the landowner, employed by them, or have a business connection in some way or another.

I can almost guess the landowner and area in question!! But then there's probably lots of them!!