View Full Version : Right to Record.
awa355
27th February 2012, 05:33
This may have been bought up before, but I cant find anything specific so will post this.
If I got pulled over by a cop and I had my helmet cam running, could he/she demand that I turn it off? At a standstill, it would record conversations.
Been 40 years since I was last pulled over , and I rarely use my helmet cam, but have wondered, if the situation arose, what rights would I have to keep the camera recording?
riffer
27th February 2012, 05:35
Interesting one.
Perhaps you could get in touch with the Producers of "Highway Patrol" or other like shows and ask them about the law.
Or is it different between Police and public? I wouldn't have thought so.
Perhaps you could carry some kind of model release form with you each time you ride just in case.
rastuscat
27th February 2012, 05:36
This may have been bought up before, but I cant find anything specific so will post this.
If I got pulled over by a cop and I had my helmet cam running, could he/she demand that I turn it off? At a standstill, it would record conversations.
Been 40 years since I was last pulled over , and I rarely use my helmet cam, but have wondered, if the situation arose, what rights would I have to keep the camera recording?
It's a public place, keep recording. Nothing says he/she can't record you, so you can record them. It's like the teapot tapes. If it were a private conversation you couldn't record it, but it's in a public place, and available for anyone to hear who happens to be there, so it's publicly available.
If they insist on you turning it off, ask which law they are using. There isn't one.
Donuts.
NordieBoy
27th February 2012, 07:16
According to a letter from the Privacy Commissioner a few years ago, if you're a party to the conversation, record away. You don't even have to tell the other party.
MSTRS
27th February 2012, 07:23
According to a letter from the Privacy Commissioner a few years ago, if you're a party to the conversation, record away. You don't even have to tell the other party.
If the cop doesn't notice, it might be best not to tell....
The cop may not care, but if you strike one of 'the other ones' - well, s/he can make your life a misery for a short while.
Scuba_Steve
27th February 2012, 07:35
It's a public place, keep recording. Nothing says he/she can't record you, so you can record them. It's like the teapot tapes. If it were a private conversation you couldn't record it, but it's in a public place, and available for anyone to hear who happens to be there, so it's publicly available.
If they insist on you turning it off, ask which law they are using. There isn't one.
Donuts.
Wot he said ^ and if they're telling you to turn it off, even more reason to keep it on
5150
27th February 2012, 07:39
Been 40 years since I was last pulled over
You need to get out more often :msn-wink:
p.dath
27th February 2012, 10:45
This may have been bought up before, but I cant find anything specific so will post this.
If I got pulled over by a cop and I had my helmet cam running, could he/she demand that I turn it off? At a standstill, it would record conversations.
Been 40 years since I was last pulled over , and I rarely use my helmet cam, but have wondered, if the situation arose, what rights would I have to keep the camera recording?
First, lets assume you are being pulled over by a cop for a random stop, as opposed to a court order, arrest warrant, etc. Lets also assume that you aren't on controlled land, such as a military base, airport, or any other area with specific legal protection with regard to cameras.
Lets also assume you aren't wanted for copyright infringement by the US Government. As in this case, it is no longer clear to me which countries law applies, if any at all. But I digress.
My guess (and it is a guess) would be that if you were on public property then there would not be any grounds to comply with such a request. If you were on your own private property then there would not be any grounds to comply with such a request. If you were on someone's else's private property, I think you might be ok being a party to the proceedings - but if the private property owner objected you might have to stop.
Do also note though it is a double edged sword, and the Police could request at the camera for evidence should the case go further (especially if you were arrested and charged with something).
yod
27th February 2012, 10:48
Do also note though it is a double edged sword, and the Police could request at the camera for evidence should the case go further (especially if you were arrested and charged with something).
Translation: if he DOES write you a ticket, DO NOT go Vinnie Jones on his ass.
awa355
27th February 2012, 11:36
You need to get out more often :msn-wink:
Geez mate! that cost me $12. 80kph with a pillion passenger :eek: I learnt my lesson. My Father told me if I got pulled up again, the bike (XS2) would be locked away. :(:(
GPXchick
27th February 2012, 12:09
It's a public place, keep recording. Nothing says he/she can't record you, so you can record them. It's like the teapot tapes. If it were a private conversation you couldn't record it, but it's in a public place, and available for anyone to hear who happens to be there, so it's publicly available.
If they insist on you turning it off, ask which law they are using. There isn't one.
Donuts.
100% Correct
James Deuce
27th February 2012, 12:15
You can record anything you like so long as one party knows that the conversation is being recorded. That party can be you. Which is generally how my parties go.
sil3nt
27th February 2012, 12:17
This may have been bought up before, but I cant find anything specific so will post this.
If I got pulled over by a cop and I had my helmet cam running, could he/she demand that I turn it off? At a standstill, it would record conversations.
Been 40 years since I was last pulled over , and I rarely use my helmet cam, but have wondered, if the situation arose, what rights would I have to keep the camera recording?Such a speed demon :nono:
yod
27th February 2012, 13:21
That party can be you. Which is generally how my parties go.
I lol'd
You must spread some Reputation around before giving it to James Deuce again.
Big Dave
27th February 2012, 13:29
You can record anything you like so long as one party knows that the conversation is being recorded. That party can be you. Which is generally how my parties go.
You can cry if you want to.
TrentNz
27th February 2012, 13:30
Record away :bleh:
i like to get cheeky to the police when drunk.. dunno why :baby:
Tigadee
27th February 2012, 13:39
You need to get out more often
Maybe that time put him away for 40 years? :msn-wink:
sil3nt
27th February 2012, 13:40
Record away :bleh:
i like to get cheeky to the police when drunk.. dunno why :baby:Because your a cock?
TrentNz
27th February 2012, 13:47
Nah bro just a bit of fun
i guess you oldies cant do that without getting a hiding though.
awa355
27th February 2012, 16:02
According to a letter from the Privacy Commissioner a few years ago, if you're a party to the conversation, record away. You don't even have to tell the other party. Nordieboy.
So, how does Joe Sleazeball get on when he's outside the local Girls high school filming away:niceone:
I thought you had to ask permission to film someone in public. ( if so, would that include a police officer doing his job? TV news crews do it all the time)
I know if I caught Joe Sleaze videoing my 14yr old daughter, I just might get a bit pissed off.
St_Gabriel
27th February 2012, 16:34
Do also note though it is a double edged sword, and the Police could request at the camera for evidence should the case go further (especially if you were arrested and charged with something).
Also another interesting question I would be curious to know the answer to. Is there not a defence in NZ about the right to not incriminate yourself and refuse the officer the "evidence". I certainly wouldnt be handing over the sole original copy.
James Deuce
27th February 2012, 17:08
Also another interesting question I would be curious to know the answer to. Is there not a defence in NZ about the right to not incriminate yourself and refuse the officer the "evidence". I certainly wouldnt be handing over the sole original copy.
No. This isn't the US. You have no rights.
wharekura
27th February 2012, 17:22
...I just might get a bit pissed off.You awa get a little tempered? this isnt the awa i know :no:
pritch
27th February 2012, 17:37
I caught a piece on FOX last night, between other programmes, and they were discussing this very thing. A lot of cops in the US have objected to being filmed and have reacted badly. They have no legal right to do so, and with one exception no disciplinary action was taken against them as far as is known.
One cop bowled a guy of his push bike, in something approximating a rugby tackle, then charged the cyclist with assault. Unfortunately for the cop somebody else recorded the whole thing on a phone. That cop got the big A IIRC.
jrandom
27th February 2012, 17:38
No. This isn't the US. You have no rights.
And yet, curiously, I'd still rather be here.
James Deuce
27th February 2012, 17:40
And yet, curiously, I'd still rather be here.
Funny, isn't it? :)
sinned
27th February 2012, 17:44
Here is my contribution. Nice to hear from KB experts that no law was broken.
<iframe src="http://www.youtube.com/embed/5hbHVuWVKKs" allowfullscreen="" width="560" frameborder="0" height="315"></iframe>
Scuba_Steve
27th February 2012, 18:05
Also another interesting question I would be curious to know the answer to. Is there not a defence in NZ about the right to not incriminate yourself and refuse the officer the "evidence". I certainly wouldnt be handing over the sole original copy.
You also have the right to have a copy so you wouldn't have to hand over the sole copy just a copy (tho they probably take the original)
No. This isn't the US. You have no rights.
Please don't tell me you think Americans do.
Jantar
27th February 2012, 18:31
...I know if I caught Joe Sleaze videoing my 14yr old daughter, I just might get a bit pissed off.
Oh! In that case can you ask your 14 yr old daughter to wear something distinctive so I'll know which girl NOT to video?:devil2:
Filterer
27th February 2012, 19:46
I got pulled over while filming with the gopro - no issues - the cop took a bit of a look at it though :)
258690
KiWiP
27th February 2012, 20:39
Should be alright as long as you're not between two politicians drinking tea :rolleyes:
Berries
27th February 2012, 20:48
Here is my contribution. Nice to hear from KB experts that no law was broken.
Apart from being in possession of an offensive haircut?
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