Thursday, 9 July 2009

Those Who Sacrifice Liberty For Security Deserve Neither

Photographers' Rights

You are reminded that under UK law, there are no restrictions on taking photographs in a public place or on photography of individuals, whether they are adults or minors. There is no right to privacy in a public place, although photographers are of course subject to the usual libel laws in the same way as any other citizen and should observe them. Equipment or film may not be confiscated, or images deleted by any person or officer unless a warrant for such action is issued. Any attempt without a warrant is considered assault under UK law.


The Terrorism Act

The Terrorism Act 2000 does not prohibit people from taking photographs or digital images in an area where an authority under section 44 is in place. Officers should not prevent people taking photographs unless they are in an area where photography is prevented by other legislation.

If officers reasonably suspect that photographs are being taken as part of hostile terrorist reconnaissance, a search under section 43 of the Terrorism Act 2000 or an arrest should be considered. Film and memory cards may be seized as part of the search, but officers do not have a legal power to delete images or destroy film. Although images may be viewed as part of a search, to preserve evidence when cameras or other devices are seized, officers should not normally attempt to examine them.

Cameras and other devices should be left in the state they were found and forwarded to appropriately trained staff for forensic examination. The person being searched should never be asked or allowed to turn the device on or off because of the danger of evidence being lost or damaged.