Taking photographs and video of things that are plainly visible in public spaces is a constitutional right—and that includes police and other government officials carrying out their duties.
“If the police have registered a case under the Offical Secrets Act against someone for video graphing the police station or police procedures then it's a misuse of the law. That person can file a case against the police. Concerned policemen can be prosecuted for filing a false case.
Your rights, and the law
Most of the time, you have the legal right to refuse to answer and just walk away. Usually, under 'stop and account', the police officer or PCSO doesn't have the power to force you to stay. You can't be searched or arrested just because you refuse to answer their questions.
The answer is yes you can. The key is that police officers in the performance their public duties have no reasonable expectation of privacy. In short they have no privacy interest to protect.
Under data protection legislation, officers must inform people that they're being filmed and will do so unless the situation means it's not possible. Otherwise you'll know you're being recorded when the camera has flashing red lights in the centre of it. Officers don't have to get your consent to be filmed.
Taking photographs of persons by police for law enforcement purposes is governed by the Identification of Prisoners Act, 1920. It does not permit taking photographs of persons by police, except those who have been arrested or convicted of a crime, or sharing such photographs with any other law enforcement agency.
Please find below information pursuant to your request above. It is not an offence to film a Police station, if spotted, Police officers can approach and ask questions as to what the individual is doing and why. If the officer suspects possible Terrorism Offences then the power to search, seize could come into effect.
There is no law preventing people from taking photographs in public. This includes taking photos of other people's children. If you are taking photographs from private land, you need to have the land owner's permission.
View of Madras High Court in India:
…….. Taking into consideration all this, we hold that photograph of an accused can be taken only in terms of Section 5 of the Identification of Prisoners Act, 1920 and the Police have no authority to do it on their own.
If asked to do so, you must give your name, address, date and place of birth and nationality to the officer. You may also be asked for an explanation of your behaviour. If you give false information or refuse to answer, you are committing an offence for which you could be arrested and charged.
You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.
Police officers must make it clear when they are turning the camera on before they begin to film, or if the camera is already recording.
If the police come to your door, the safest method of dealing with them is to speak to them from a nearby window. Ask them the purpose of their visit. If they insist you open the door, refuse unless they show a valid search warrant or give a justifiable reason as to why that door should be opened.
The police (or other authorities) will generally need a warrant to search your device without your consent (except in certain exceptional circumstances). If police unlawfully search your mobile phone, any evidence recovered can potentially be suppressed, meaning it cannot be used as part of any prosecution against you.
Currently, in the UK, there are no laws regarding the use of body cameras in a public space, however if you wish to record on private property you must have consent from the property owner.
Can you refuse to be strip-searched? If the police have lawful grounds for the search, you do not have the right to refuse. If you try to refuse a lawful strip search, officers can use force where necessary to carry out the search.
Yes. If you are in charge of a vehicle, a police officer can take your car keys and forbid you to drive if they have reasonable grounds to believe that you are not capable of properly controlling the vehicle. They can also order you not to drive for a period of time, order you to drive home or immobilise your vehicle.
A police officer does not have to be in uniform but they must show you their warrant (ID) card. They can search you, anything you are carrying and a vehicle.
Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. In exceptional circumstances, they can apply to hold you for longer, up to 36 or 96 hours. This is usually if you are suspected of more serious crimes such a murder.
If the police are questioning you as a suspect, they should tell you: Your right to remain silent – you do not have to answer questions or make a statement except for your name, date of birth and address. If you agree to answer questions or make a statement, you can change your mind and stop at any time.
NEW DELHI: The Supreme Court on Thursday said that the provisions of the stringent Narcotics and Psychotropic Substances Act (NDPS) cannot override the right to privacy of an accused and his right not to self-incriminate, and ruled that any statements made to any central or state government officer under the law cannot ...
The order stated that some police officers and constables make use of personal phones to click photographs of vehicles violating traffic rules and after some time, the information is uploaded on the e-challan machine.
Taking photographs and video of things that are plainly visible in public spaces is a constitutional right—and that includes transportation facilities, the outside of federal buildings, and police and other government officials carrying out their duties.