This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/magazine-33535578
The article has changed 4 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Did aerial photo of Michael McIntyre break privacy rules? | Did aerial photo of Michael McIntyre break privacy rules? |
| (about 2 hours later) | |
| A photograph taken by a police helicopter camera and circulated on the force's official social media account has raised questions. Was what they did unlawful, asks Chris Stokel-Walker. | |
| At 10:34 BST on Wednesday NPAS London, the official Twitter account of the National Police Air Support Unit - which provides helicopters to ground-based police to help find criminals and missing people - tweeted the picture above. | At 10:34 BST on Wednesday NPAS London, the official Twitter account of the National Police Air Support Unit - which provides helicopters to ground-based police to help find criminals and missing people - tweeted the picture above. |
| The grainy image, seemingly taken just after 08:00 BST, shows a man with a mop of black hair in a pink shirt and dark blue suit standing on the edge of a pavement. The latitude and longitude points in the bottom corners of the picture appear to indicate where the helicopter was hovering as the picture was taken - a point between Leicester Square and Covent Garden Tube stations. | The grainy image, seemingly taken just after 08:00 BST, shows a man with a mop of black hair in a pink shirt and dark blue suit standing on the edge of a pavement. The latitude and longitude points in the bottom corners of the picture appear to indicate where the helicopter was hovering as the picture was taken - a point between Leicester Square and Covent Garden Tube stations. |
| The picture's caption says: "Whilst on tasking in central London this morning we spotted a certain energetic funny man... Can you guess who?..." | The picture's caption says: "Whilst on tasking in central London this morning we spotted a certain energetic funny man... Can you guess who?..." |
| It was indeed Michael McIntyre, comedian and host of several BBC programmes, accompanied by publicist Alison Peters. | It was indeed Michael McIntyre, comedian and host of several BBC programmes, accompanied by publicist Alison Peters. |
| The picture has since been deleted by NPAS London, which claims that "each activity undertaken" by its helicopters "can be categorised into four principle [sic] roles: Public and Police Safety, Intelligence Gathering, Tactical Support and Counter Terrorism". Responses on social media have largely been opposed to the picture being taken, but is it unlawful? | The picture has since been deleted by NPAS London, which claims that "each activity undertaken" by its helicopters "can be categorised into four principle [sic] roles: Public and Police Safety, Intelligence Gathering, Tactical Support and Counter Terrorism". Responses on social media have largely been opposed to the picture being taken, but is it unlawful? |
| "In a nutshell, the taking of the photograph is unlikely to be an invasion of privacy," explains Simon McKay, a criminal and human rights lawyer, and author of the leading textbook on covert policing law. "However, its needless publication almost certainly is, assuming Michael McIntyre didn't consent, which seems likely." | "In a nutshell, the taking of the photograph is unlikely to be an invasion of privacy," explains Simon McKay, a criminal and human rights lawyer, and author of the leading textbook on covert policing law. "However, its needless publication almost certainly is, assuming Michael McIntyre didn't consent, which seems likely." |
| The UK has historically had no deliberate privacy laws, but it is widely believed that a form of law has been built up through the Human Rights Act as well as other bits of legislation. | The UK has historically had no deliberate privacy laws, but it is widely believed that a form of law has been built up through the Human Rights Act as well as other bits of legislation. |
| According to McKay, "the Metropolitan Police is a data controller and this is personal data, so there are compliance issues. On the face of it it also breaches the CCTV Code of Practice." | According to McKay, "the Metropolitan Police is a data controller and this is personal data, so there are compliance issues. On the face of it it also breaches the CCTV Code of Practice." |
| He adds: "The courts have held the arbitrary publication of photographs by the police without a pressing need to do so is unlawful." Taking the picture was not an issue, but the decision to post it online could cause problems. | He adds: "The courts have held the arbitrary publication of photographs by the police without a pressing need to do so is unlawful." Taking the picture was not an issue, but the decision to post it online could cause problems. |
| A Metropolitan Police spokesperson said in a statement that "this tweet does not, as far as we know, constitute a breach of data protection legislation", adding that it "was deleted due to due negative responses on Twitter". | A Metropolitan Police spokesperson said in a statement that "this tweet does not, as far as we know, constitute a breach of data protection legislation", adding that it "was deleted due to due negative responses on Twitter". |
| McKay calls the incident "an ill-judged moment made without thinking which has placed into sharp focus the inherent risks of the surveillance society". | McKay calls the incident "an ill-judged moment made without thinking which has placed into sharp focus the inherent risks of the surveillance society". |
| Subscribe to the BBC News Magazine's email newsletter to get articles sent to your inbox. | Subscribe to the BBC News Magazine's email newsletter to get articles sent to your inbox. |