Know your legal rights if someone films you or your child in public
Legal rights when someone films you or your child in public

There is no specific law banning photography or video recording in public places, so filming in public is generally legal. Because there is no general right to privacy in public, people do not need to consent to being filmed or photographed.

Photographers do not have to stop recording, hand over copies, or delete footage of someone taken in public.

What the police say

The Metropolitan Police website states: "Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel."

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The Met Police also notes that officers may ask questions of someone photographing a serving or former member of His Majesty's Forces, intelligence services or a constable, as long as this is done for a lawful purpose and does not discourage or prevent the individual from doing something lawful.

Privacy and the law

Two key pieces of legislation apply: the Human Rights Act 1998, which brings the European Convention on Human Rights into law in England and Wales, and the Data Protection Act 2018, which incorporates the GDPR.

Cozens-Hardy Solicitors says Article 8 of the European Convention provides a right to respect for private and family life, home and correspondence. To establish an invasion of privacy, a two-stage test is used: there must be a reasonable expectation of privacy, and then a balancing exercise weighing that expectation against other rights, such as the Article 10 right to freedom of expression.

In a busy public place such as a high street, there is unlikely to be much expectation of privacy. On private land, however, permission from the landowner is needed to film or photograph. Publishing footage of someone in a private place could infringe on their human rights, and the publisher may be asked to remove it.

Indecent images and voyeurism

Taking indecent photographs or footage is an offence. The law on voyeurism extends to people filmed without consent while engaging in sexual or intimate acts in places where privacy is reasonably expected.

Doorbell cameras

The Information Commissioner's Office (ICO) says households can use CCTV or smart doorbells for home security, but data protection responsibilities are more likely to apply if footage extends beyond the property boundary.

The ICO's domestic CCTV guidance advises users to record only what is necessary and to consider less intrusive options first. This includes repositioning a camera, narrowing motion detection zones and using privacy masking to block out neighbours' doors, windows and gardens.

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