4D Privacy : Privacy FAQ's
Q. Is explicit consent needed from people inadvertently caught on camera e.g. passers-by?
A. Generally not but it depends where you are filming. If you are filming in a public place e.g. on the street, it is most unlikely you will need to seek the specific consent of passers by caught on camera. The only circumstances where consent would be required is if the actions or words of the person caught on camera indicate that person would have a reasonable expectation of privacy and to broadcast their image/words would amount to an unwarranted infringement of their privacy. In semi-public places e.g. shops, malls, bars etc. similar considerations apply. In locations where people would have a greater expectation of privacy e.g. a hospital ward, doctor's waiting room, police station etc., consent may well be advisable and even necessary. If in doubt, seek advice from the programme lawyer.
Q. Can I record telephone conversations?
A. It is generally accepted that programme-makers may record telephone calls, without telling the person they are speaking to that the call is being recorded, for research or evidential purposes. However, if the call is being recorded with a view to it being broadcast, then special rules apply.
If you intend to include the recording within a programme you should tell the person you are speaking to at the start of the call that you are recording it with the intention of including it within a broadcast television programme. You should give sufficient information for them to be able to make an informed choice about whether they wish to continue with the call. Always seek advice from your programme lawyer wherever you intend to record a telephone conversation with a view to including it within a programme.
If you record a telephone conversation covertly with the intention of including it in a broadcast programme, then this will constitute secret filming and you must comply with Channel 4's and Five's rules and procedures relating to secret filming - see Channel 4 Appendices and Five Appendices .
[See also 'Surreptitious or Secret Filming' above.]
Q. What does the public interest mean?
A. The ‘public interest' means more than simply what the public are or might be interested in. The public may well be interested in the private sexual habits of a famous celebrity but whether it is in the ‘public interest' for such facts to be disclosed is another matter.
If something is done e.g. facts are disclosed in a television programme, and it is said to be "in the public interest" what it means is that it serves beneficially the well-being or interests of the public, or society generally.
There is no exhaustive definition of what constitutes the public interest, but it is generally accepted to include the following:
- Exposing or detecting crime, corruption, antisocial behaviour or injustice;
- Exposing lies, hypocrisy or misleading claims made by individuals or organisations;
- Protecting public health or safety;
- Disclosing incompetence, negligence or dereliction of duty, that affects others;
- Exposing dangerous or exploitative behaviour that could harm others.