A practising barrister has clarified that in the UK, individuals generally do not have the right to demand deletion of footage taken of them in a public place, as there is no general right to privacy in public spaces. Daniel ShenSmith, the barrister behind the BlackBeltBarrister YouTube channel, has outlined the legal rules surrounding photography and filming in public, including what people can and cannot demand when they appear in someone's footage.
Filming in public is generally legal
According to ShenSmith, there is no specific legislation in the UK that prohibits taking photographs or recording video in public spaces. He explained: "There is no general right to privacy in a public place. If you are in a public place, you can generally be photographed or filmed without your consent."
He added: "You do not need a licence or permission to take photographs in a public place, although there can be restrictions depending on where you are and what you are doing." This means individuals can typically film their surroundings, including other people, without seeking consent from everyone who might appear in the footage.
No automatic right to delete footage
One common misconception is that anyone appearing in a photograph automatically has the right to demand its deletion. ShenSmith stated: "If somebody takes a photograph of you in a public place, you do not generally have the right to demand that they delete it."
He also explained: "The person who takes the photograph will normally own the copyright in that photograph. The fact that you appear in it does not mean that you own it or have a right to control it." Being captured in a recording does not, in itself, entitle someone to view or possess the original material.
Exceptions and special circumstances
However, the regulations can vary depending on the location. A shop or shopping centre may be privately owned, allowing the proprietor to place restrictions on photography. Railway stations and certain public transport facilities may have their own bylaws. Footage that forms part of a pattern of harassment or stalking, or that intrudes into a situation with a reasonable expectation of privacy, could raise separate legal concerns.
Police may possess legal authority to search, examine or confiscate recordings under certain circumstances. Data protection regulations can also apply when identifiable individuals are recorded, especially where businesses or organisations gather and utilise footage.
Filming children and police powers
Regarding children, ShenSmith said: "There is no blanket rule which says that you cannot photograph children in a public place. The fact that somebody is under 16 does not, by itself, make taking their photograph unlawful." However, the context is crucial. Photographing children playing in a park to illustrate a community feature is vastly different from intentionally following the same children and documenting their movements throughout the day, which could raise concerns about harassment or stalking.
On police powers, ShenSmith clarified: "The police do not have a general power to stop you taking photographs or filming in a public place just because they do not like what you are doing." The simple act of taking photographs is not, in itself, adequate grounds to compel someone to leave a public space. On private property, the owner or occupier may establish rules governing photography, and if someone is instructed to stop filming by a person with authority to enforce such a restriction, they may be required to comply.
As ShenSmith puts it: "You should distinguish between somebody asking you to stop and somebody having the legal power to make you stop." For those uncomfortable about being recorded, he advises: "The sensible first step is usually to ask the person why they are filming and to explain your concerns calmly. You should avoid escalating the situation unless there is a genuine risk of harm."
Ultimately, there is no universal rule that settles every dispute about recording. The setting, the conduct of the person filming and the intended use of the material can all influence the legal position. ShenSmith's explanation is offered as a general overview rather than a replacement for individual legal advice, with each situation requiring assessment on its own merits.
