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They could be in more trouble if the video was copied and or "distributed".

Does video of an identifiable person fall under the uk data protection act? If so have the unit managers failed in their duty to protect the data?

S67. Voyeurism
"The offence of voyeurism covers cases where someone who has a reasonable expectation of privacy is secretly observed."

Mickjoebill

mickjoebill

Quote:

The offence of voyeurism covers cases where someone who has a reasonable expectation of privacy is secretly observed.

The law:

It is a prerequisite of all offences created by Section 67 (Voyeurism) that the activity was "for the purpose of obtaining sexual gratification".
ie Unless activity was for that purpose, no offence under Section 67 is committed.
The Prosecution have to prove that was the purpose.

NB:
The defendants in this case have not been charged with voyeurism.

FL,
does that sexual gratification have to be at the time of recording, rather awkward cockpit environment if that is the case no?!! :*

Quote:

Originally Posted by Flying Lawyer (Post 9373798)

mickjoebill

The law:

It is a prerequisite of all offences created by Section 67 (Voyeurism) that the activity was "for the purpose of obtaining sexual gratification".

ie Unless activity was for that purpose, no offence under Section 67 is committed.

Rotate too late

Section 67 Voyeurism created 4 different offences:

(1) A person commits an offence if —

(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.

(2) A person commits an offence if —

(a) he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b) he knows that B does not consent to his operating equipment with that intention.

(3) A person commits an offence if —

(a) he records another person (B) doing a private act,
(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c) he knows that B does not consent to his recording the act with that intention.

(4) A person commits an offence if he instals equipment, or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit an offence under subsection (1).

NB The defendants in this case have not been charged with voyeurism.

All five face charges of Misconduct in Public Office.

In brief summary, that offence is committed when:

a public officer acting as such
wilfully neglects to perform his duty and/or wilfully misconducts himself
to such a degree as to amount to an abuse of the public's trust in the office holder
without reasonable excuse or justification.

It is a 'common law' offence. ie It is not defined in a statute.
The Law Commission is currently considering whether it should be.