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RE: Go North East - Latest
Following on from the discussion about freedom to photograph, the following is an informed summary.

Mods feel free to move this to a more suitable location.
There is no general restriction on taking photographs while on private property, provided the photographer has permission to be on the property.

However, the owner has the right to impose whatever conditions he wishes on entry to his property, including a restriction on photography.
A person who enters onto private property without permission commits a trespass, as does anyone who “interferes” with the property. Interference could be something as minor as climbing on the landowner’s wall to take a photograph over the wall or resting a camera on a fence.
If a person has permission to enter property on the condition that he does not take photographs, but he ignores the condition, he becomes a trespasser as soon as he takes a photo.
Even where property is open to entry by the public in general, as in the case of most business premises, the owner or occupier has the right to demand that a photographer cease taking photographs and the right to demand that he leave the premises.
In England and Wales, any unauthorised entry on to privately owned land, or buildings or structures attached to land, is a trespass, regardless of whether any damage is done to the property. This is not a criminal offence in most circumstances, but the landowner can sue for damages for trespass even if no physical damage has been caused.
A landowner can seek an injunction to prevent an individual from continuing to trespass.
In theory, a court could also make an order preventing the publication of photographs taken while trespassing, but the UK courts have been reluctant to do this.
Property owners have limited rights of self-help against a trespasser. An occupier can use reasonable force to prevent a trespasser entering his property and also to remove a trespasser who refuses to leave. A violent attack would be unreasonable, as would threatening someone with a gun or other weapon.
The same rules apply to security guards, bouncers and the like; they are acting as agents of the owner or occupier of property and they too can only use reasonable force.
Neither the property owner nor his employees have any right to confiscate or damage a photographer's camera or other equipment, or to demand film or the deletion of memory cards.
In practical terms, though, a photographer who is trespassing would be best advised to leave when asked; just because a landowner isn’t allowed to use violence doesn’t necessarily mean that he won’t.
It is a criminal offence, punishable by a fine, to trespass on some property, notably railways, aerodromes, military bases and places where explosives are manufactured and/or stored. A photographer who enters onto these kinds of premises without permission is liable to be arrested.
It is illegal to harass another person and taking photographs could amount to harassment. This isn't to say that someone could claim they were being harassed just because they were being photographed when they didn't want to be.
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.)
Article 8 of the European Convention on Human Rights gives everyone the right to respect for his private and family life. It is hard to be certain about what will and what will not amount to an infringement of Article 8.
For images of people in public places, the key seems to be whether the place is one where a person would have a reasonable expectation of privacy.
Privacy actions in the UK have been concerned with publication rather than simply the taking of a photograph, but a recent decision of the ECHR suggest that simply taking a photograph may, in some circumstances, infringe the right.
Photographers are therefore advised to be careful when taking photographs intended for some kind of publication, even when the subject is in a public place.
Photographs of people may also be subject to the Data Protection Act, which controls the "processing" of "personal data", that is, data relating to an individual and from which the individual can be identified.
There has not yet been a court case that has determined whether or not an image of a person, without any other identifying information, would be caught by the Act, so photographers should be aware of the possibility.
It is a criminal offence to obstruct free passage on the highway and this includes footways and cycle paths as well as roads.
Another obstruction offence is that of obstructing a police officer in the execution of his duty. This basically means doing anything that makes it more difficult for the police to carry out their duties effectively.
Getting in the way of the police while trying to photograph an incident, for example, would be obstructing them.

From (and more at):- http://www.sirimo.co.uk/wp-content/uploa...hts-v2.pdf

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RE: Go North East - Latest
RE: Go North East - Latest
Re: RE: Go North East - Latest
RE: Go North East - Latest
RE: Go North East - Latest
RE: Go North East - Latest
Re: RE: Go North East - Latest
RE: Go North East - Latest