Trail camera filming in workplace

[Japveesix]

Hi all,

I'm curious if anyone has any knowledge on this subject or can give any guidance on what may or may not be legal.

The background is that I like to film/photograph wildlife and share some of these images through a wildlife based Instagram account.

My work place has extensive and complex grounds with many garden spaces, wilder areas and also a lot of buildings and people around.

I use the camera predominantly to film foxes, badgers and other urban wildlife and have zero interest in people being caught on film. In fact I position the camera in hidden, more inaccessible areas where possible to avoid interference.

It's not strictly for work purposes, although many are interested in what I capture, but I do set them up during work time - which is accepted by senior staff.

I have had a couple of colleagues complain that they need to be told where cameras are in advance and they don't appreciate being caught on camera. However, advance warning isn't practical as there are endless potential people who could end up being filmed.

Any thoughts on whether what I'm doing is illegal for whatever reason? Are trail cams strictly only allowed to be used in private places or does it not matter if I catch unsuspecting people as long as they're not the focus (I'm not intentionally snooping/monitoring people) and I'm not doing anything with that footage other than deleting it?

Any useful thoughts?

[vikingaero]

You're at the mercy of your workplace, so other than with their permission you have no rights. If enough people complain it's likely that permission will be withdrawn, so you need to compromise somehow and get people on board. Why not display a few pictures of your work to your colleagues and maybe put a small flag on top/near the camera.

[Rotary Potato]

Get some laminated signs made up to say that filming is in progress and hang them round where you've set the camera up for a shoot.

Hope the local foxes can't read.

This feels more like a permission thing than a legal thing. You've been given permission to film - if enough people complain the likelihood of that permission being withdrawn increases. So do what you can to keep everyone onside. The signs feel like a sensible compromise provided you're diligent with putting them up before starting and taking them down once finished.

[Japveesix]

vikingaero said:

You're at the mercy of your workplace, so other than with their permission you have no rights. If enough people complain it's likely that permission will be withdrawn, so you need to compromise somehow and get people on board. Why not display a few pictures of your work to your colleagues and maybe put a small flag on top/near the camera.

That's fair enough, I did wonder really if it's very much up to the workplace to decide what is and isn't allowed. There's no current policy and it's obviously a complex subject as everyone has a camera on them at all times, as do many cars etc, but I suspect trail cameras fall a bit more under CCTV legislation.

The issue with highlighting that filming is taking place is that it then simply notifies anyone that a relatively valuable camera is being left unattended, and free to nick, in the bushes.

[Unreal]

Seems to me that quite a high proportion of people object to being filmed in public so I'd be very surprised if no-one asks for your activity to be stopped at work, or at least controlled/restricted.

[ro250]

If the cameras are in a location where people have a reasonable expectation of privacy then you should be putting up signs. You don't have to show where the cameras are, maybe just a few signs in the office or around the areas to say cameras are in use. This is in line with GDPR in relation to CCTV and I would expect this to fall under similar requirements.

[Japveesix]

ro250 said:

If the cameras are in a location where people have a reasonable expectation of privacy then you should be putting up signs. You don't have to show where the cameras are, maybe just a few signs in the office or around the areas to say cameras are in use. This is in line with GDPR in relation to CCTV and I would expect this to fall under similar requirements.

Fair enough, that's helpful thanks.

I wonder what a 'reasonable expectation of privacy' means though. For context this is University grounds that stretch here, there and everywhere through a busy area of town. Effectively fully public rather than a private workplace garden etc. Some smaller gardens, some huge patches. Camera usually in the most obscure and hidden corners.

I appreciate it's a tricky one and I do want to be reasonable and not piss people off, or indeed feel I'm doing anything really illegal.

I do wonder where the line is between just filming on your phone, as people do all over the place constantly with no care for who is caught in shot behind, and setting up a camera to film. It's certainly a bit blurred. You don't always know if someone gets you on their dash cam, or even with their phone. So it doesn't seem to be entirely clearcut.

[ro250]

Japveesix said:

ro250 said:

If the cameras are in a location where people have a reasonable expectation of privacy then you should be putting up signs. You don't have to show where the cameras are, maybe just a few signs in the office or around the areas to say cameras are in use. This is in line with GDPR in relation to CCTV and I would expect this to fall under similar requirements.

Fair enough, that's helpful thanks.

I wonder what a 'reasonable expectation of privacy' means though. For context this is University grounds that stretch here, there and everywhere through a busy area of town. Effectively fully public rather than a private workplace garden etc. Some smaller gardens, some huge patches. Camera usually in the most obscure and hidden corners.

I appreciate it's a tricky one and I do want to be reasonable and not piss people off, or indeed feel I'm doing anything really illegal.

I do wonder where the line is between just filming on your phone, as people do all over the place constantly with no care for who is caught in shot behind, and setting up a camera to film. It's certainly a bit blurred. You don't always know if someone gets you on their dash cam, or even with their phone. So it doesn't seem to be entirely clearcut.

Indeed. To continue with the 'reasonable expectation of privacy', if I'm walking down the street and caught on a dashcam then I'd expect that. If I'm walking though a wooded overgrown area (to have a romp with the secretary) and I spot a camera on me, I may not.

As your motives are perfectly pure then the likelihood of anything becoming an issue is low (if you catch the secretary romp then I assume you aren't taking that to Facebook, you're deleting it).

I don't know how defined the area you are talking about is; you might find there is already CCTV signage in place.

[FMOB]

I know it is probably quite harmless but..

As people have complained it is probably best to stop as it is an argument you will just not win, in the grand scheme the company will have to take a view on this as the issue is of no benefit to them but still problematic.

Not to mention causing problems between yourself and colleagues.

Most companies don't own the sites they operate on so someone could complain to the landlord which ramps up the problem.

Plenty of other places you can pursue your hobby but the workplace isn't the best place.

All it takes is someone to complain it is harassment and you will be in a pile of poo bigger than you can ever imagine.

Edited by FMOB on Tuesday 16th July 17:58