Video surveillance evidence in personal injury claims

– Filming someone without their consent is so easy nowadays. Just grab your mobile phone, head outside, and start rolling. Some people assume that due to privacy laws, being filmed without explicit permission or consent is illegal, and while this is partly true, it’s not that simple.

– Filming on public property for personal use is generally legal provided that observing one’s privacy is not the expectation. For example, to film in a bedroom, bathroom or changing room is of course illegal. However, if the person taking the video is outside on public property, such as in the street or in a park, it’s usually legal for them to film to their heart’s content, provided it isn’t for commercial means. Commercial filming requires its own special permissions.

– Investigators must abide by certain rules when conducting covert surveillance. They cannot breach a person’s privacy or trespass onto private property to film. If they are on public property however, it’s within the law to do so, and a claimant might be filmed on their daily commute, at the supermarket, at the gym – or even in their front garden, if it’s not somewhere they could reasonably expect privacy.