I posted before about the use of cameras on the road and the laws behind it. But i feel i missed a few things out that are worth noting. From before we know that the general use of a camera is perfectly legal. The information commissioner confirmed that recording for personal purposes on the road is perfectly fine and that uploading footage to websites like youtube is fine, even if it includes faces or VRNs (Vehicle Registration Number). The information commissioner also confirmed that this is not braking any part of the Data Protection Act.
What about article 8 of the European Convention on Human Rights
Everyone has the right to respect for his private and family life, his home and his correspondence.
Martin Porter wrote about just this, what is more important, the right to privacy or the right to live? Article 2 of the European Convention on Human Rights states
Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
People have tried to spin this argument against me but the European Convention on Human Rights only applies to a state and not an individual member of the public. Let’s also not forget that the roads are a public place and there should be no expectation of privacy on them.
The Human Rights Act in the UK applies the acts from the European Convention on Human Rights to all members of the public in the UK and not just the state. But again the question is what is more important, life or privacy? The Human Rights Act states
You have the responsibility to respect other people’s rights, and they must respect yours.
How much privacy is actually broken by posting a video online? I would say minimal, everything that is displayed is public information and only friends and relatives can identify the person by their face. There have been no cases so far that relate to this so it is hard to say what the outcome would be in a court of law.
There has been plenty of media coverage about helmet cameras this year already several court cases involving footage from cameras. So far there has not been even a hint from the Police, CPS or any other legal body that using cameras and posting footage of it online is against the law.