Recordings as evidence are often decisive in
trials. This is because the recordings are clear evidence.
However, the legal validity of a hidden camera
recording is something most people don't know.
Private surveillance cameras in Chicago can
be placed on lookouts, inside or outside cars, hallways, garages, common areas
of neighborhood communities or row houses, windows, public sidewalks, setbacks,
portals, with an interior or exterior orientation, etc.
In this article we will delve into this subject and
clarify a number of issues.
Legal
validity of recordings in a trial, what does the new regulation say?
Doubts about the hidden camera are common. The
legal validity of hidden camera recordings will depend on whether the person
providing the evidence appears in the recording or not.
In other words, it is not legal to record someone
else's conversation, as it would violate the right to privacy of people who are
protagonists of the conversation.
Therefore, a recording of this nature in which
participants would not be aware that it is being recorded would constitute a
violation of data protection law.
However, when whoever performs the recording is
also one of the subjects who are in/participate in the conversation, he would
not be committing any type of crime.
When the guy who provides the tape as evidence and
participates in the conversation, no article of the Constitution is being
infringed.
Is the right
to privacy violated by a recording with a hidden camera?
There are many people who try to challenge this
type of evidence taking into account their right to privacy. It is true that,
in the first instance, one might think that non-consensual filming may be
transgressing the limits of privacy.
The moment someone decides to talk to you, they are
giving their consent to contact and communicate with you. And at the same time,
he becomes responsible for the expressions and messages he shares with you.
This is because the moment someone conveys a
message or opinion, he distances himself from his privacy and shares it with
whoever is listening.
Therefore, these messages would not be part of the
privacy of the person who was recorded, as they would not be saving them as
such.
According to
data protection, when is it legal and when is it not?
Thus, a record of these characteristics would be
valid evidence at a trial when the party who provided such evidence is
reflected in the recording.
Thus, in cases of bullying in the workplace,
workers can register their bosses in meetings where bullying occurs. And, of
course, these recordings will be fully valid as legal evidence.
On the contrary, a boss cannot install hidden
cameras to record his employees without first informing them. That's because,
in this case, in most recordings this superior did not appear. Therefore, the
right to privacy is being violated.
If, on the contrary, one of the parties records the
other person without their consent while engaging in inappropriate conduct with
children or in any other area, but the person making the recording does not
appear, this will not be legal or accepted as evidence . That's because the
right to privacy would be violated and no matter what happened, it wouldn't be
a legal recording.
Requirements
for security camera installation in Chicago
According to the legislation, everyone must be alerted
to the presence of cameras and clarified in which cases the recordings of these
cameras will be examined.
In addition, posters must be placed in the
corresponding areas following the approved template, indicating that that area
is being registered. Furthermore:
·
There must be a proportional relationship
between the intended purpose and the way the data is processed.
·
You should inform yourself about capturing
and/or recording the images.
·
The use of cameras or video camera installations
is only allowed when there are no less invasive means.
·
Cameras and camcorders installed in private
spaces cannot take images from public spaces.
·
Partial and limited images of public roads can
be obtained when it is essential for the intended surveillance
purpose, or when it is impossible to avoid it due to its location.
·
Images of the rest of the sidewalk or street
cannot be captured.
·
In any case, the use of video surveillance
systems must respect people's rights and the rest of the legal system.
·
The images will be kept for as long as necessary
to fulfill the purpose for which they were collected. Regarding material
requirements, registration can only be done in areas of public transport, and
always in proportion to the purpose for which it is intended.
·
So, what did you think of this subject? In
summary then: it is possible to use hidden cameras, but this must be informed
with a sign.
If you have more questions, write us and continue
following our blog which is full of information about safety for your home and
family.
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