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Seek secret camcorder (like TV documentaries)

Author
1 Jul 2006 6:37 PM
Anne R
I'm in the UK and am looking for a secret camcorder similar to what
they probably use in TV documentaries.

I'm getting really messed up by a doctor (NHS hospital doc) and I
want to record the stuff I have to go through in consultations as
proof for a complaint.  The consultations are only discussion and not
a physical exam.  Hard to explain but can't change doc easily.

I'm guessing that some consumer camcorders may now small enough to
hide on one's body.  But I'm not well-off so I don't want to spend a
ton of cash.

Certainly camcorders are now small enough to hide in a bag with the
lens pointing outwards through a hole in the bag but I guess I would
need one with a wide-ish angle and a mic suited to picking up
conversation in a small room.

Can anyone recommend some models to put on my shortlist?  Especially
if they are end-of-line and good deals can be had at the moment.

Thank you.
Anne

Author
1 Jul 2006 8:06 PM
:::Jerry::::
"Anne R" <n*@nomail.com> wrote in message
news:Xns97F3C793C66874C1H4@127.0.0.1...
> I'm in the UK and am looking for a secret camcorder similar to what
> they probably use in TV documentaries.
>
> I'm getting really messed up by a doctor (NHS hospital doc) and I
> want to record the stuff I have to go through in consultations as
> proof for a complaint.  The consultations are only discussion and
not
> a physical exam.  Hard to explain but can't change doc easily.
>

<snip crap>

A, what you are proposing to do is probably [1] very close to being
illegal (before TV companies use secret cameras they clear it with
their legal depts.), any evidence gained might not be admissible in
any form in legal, disciplinary and other proceedings whilst it could
lead to a claim against you. You will also need to spend more than
you will be able to afford I suspect - the pin hole camera that you
need can be bought cheaply BUT you then need a small portable video
recorder and this will set you back around a 1000 USD / GBP.

If you really want to make a secret recording, and as you say that
the consultations are non physical why wont a simple audio recording
do?

[1] you don't say which jurisdiction you are in, the US, UK or
Timbuktu...
Author
1 Jul 2006 9:24 PM
Deep Reset
Show quote Hide quote
":::Jerry::::" <me@privacy.INVALID> wrote in message
news:44a6dab4$1$79787$892e7fe2@authen.yellow.readfreenews.net...
>
> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97F3C793C66874C1H4@127.0.0.1...
>> I'm in the UK and am looking for a secret camcorder similar to what
>> they probably use in TV documentaries.
>>
>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>> want to record the stuff I have to go through in consultations as
>> proof for a complaint.  The consultations are only discussion and
> not
>> a physical exam.  Hard to explain but can't change doc easily.
>>
>
> <snip crap>
>
> A, what you are proposing to do is probably [1] very close to being
> illegal (before TV companies use secret cameras they clear it with
> their legal depts.), any evidence gained might not be admissible in
> any form in legal, disciplinary and other proceedings whilst it could
> lead to a claim against you. You will also need to spend more than
> you will be able to afford I suspect - the pin hole camera that you
> need can be bought cheaply BUT you then need a small portable video
> recorder and this will set you back around a 1000 USD / GBP.
>
> If you really want to make a secret recording, and as you say that
> the consultations are non physical why wont a simple audio recording
> do?
>
> [1] you don't say which jurisdiction you are in, the US, UK or
> Timbuktu...
>
What Jerry said, aprat from you could get away without the VCR, and instead
use
a camcorder with analogue input.
Don't try this at home.

Deep.
Author
4 Aug 2006 7:09 AM
Long John
Show quote Hide quote
"Deep Reset" <DeepRe***@hotmail.com> wrote in message
news:QvGdnV4BfayUdTvZRVnyrA@bt.com...
>
> ":::Jerry::::" <me@privacy.INVALID> wrote in message
> news:44a6dab4$1$79787$892e7fe2@authen.yellow.readfreenews.net...
>>
>> "Anne R" <n*@nomail.com> wrote in message
>> news:Xns97F3C793C66874C1H4@127.0.0.1...
>>> I'm in the UK and am looking for a secret camcorder similar to what
>>> they probably use in TV documentaries.
>>>
>>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>>> want to record the stuff I have to go through in consultations as
>>> proof for a complaint.  The consultations are only discussion and
>> not
>>> a physical exam.  Hard to explain but can't change doc easily.
>>>
>>
>> <snip crap>
>>
>> A, what you are proposing to do is probably [1] very close to being
>> illegal (before TV companies use secret cameras they clear it with
>> their legal depts.), any evidence gained might not be admissible in
>> any form in legal, disciplinary and other proceedings whilst it could
>> lead to a claim against you. You will also need to spend more than
>> you will be able to afford I suspect - the pin hole camera that you
>> need can be bought cheaply BUT you then need a small portable video
>> recorder and this will set you back around a 1000 USD / GBP.
>>
>> If you really want to make a secret recording, and as you say that
>> the consultations are non physical why wont a simple audio recording
>> do?
>>
>> [1] you don't say which jurisdiction you are in, the US, UK or
>> Timbuktu...
>>
> What Jerry said, aprat from you could get away without the VCR, and
> instead use
> a camcorder with analogue input.
> Don't try this at home.
>
> Deep.

Actually the FIRST  words he said was that he's in the UK..!

Here in the USA it's called Invasion Of Privacy, subject to very
heavy civil court fines, and possible criminal proscecution as well.

Invasion of privacy is when ever an image or sound recoding of an individual
is
published without consent. Showing the video or playing the audio recording
to
any other person is considered publishing in the eyes of the law...a release
is
needed to use any material recorded, audio or video.

When you see "secret" foorage on TV, you can bet your sweet bippy that
either
a release has been obtained (sometimes for monitary compensation) or that
the
persons face has been obscured or pixelated to avoid the liablity of a
lawsuit.
Author
1 Jul 2006 10:44 PM
Laurence Payne
On Sat, 1 Jul 2006 21:06:57 +0100, ":::Jerry::::" <me@privacy.INVALID>
wrote:

>[1] you don't say which jurisdiction you are in, the US, UK or
>Timbuktu...

Yes she does.
Author
2 Jul 2006 12:14 AM
Tony Morgan
In message <44a6dab4$1$79787$892e7***@authen.yellow.readfreenews.net>,
Show quoteHide quote
":::Jerry::::" <me@privacy.INVALID> writes
>
>"Anne R" <n*@nomail.com> wrote in message
>news:Xns97F3C793C66874C1H4@127.0.0.1...
>> I'm in the UK and am looking for a secret camcorder similar to what
>> they probably use in TV documentaries.
>>
>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>> want to record the stuff I have to go through in consultations as
>> proof for a complaint.  The consultations are only discussion and
>not
>> a physical exam.  Hard to explain but can't change doc easily.
>>
>
><snip crap>
>
>A, what you are proposing to do is probably [1] very close to being
>illegal (before TV companies use secret cameras they clear it with
>their legal depts.), any evidence gained might not be admissible in
>any form in legal, disciplinary and other proceedings whilst it could
>lead to a claim against you. You will also need to spend more than
>you will be able to afford I suspect - the pin hole camera that you
>need can be bought cheaply BUT you then need a small portable video
>recorder and this will set you back around a 1000 USD / GBP.
>
You're quite right Jerry. Such unauthorised recording is in
contravention of Article 8 of the European Convention on Human Rights
which was introduced into UK law by the Human Rights Act 1998.

There are exceptions of course, i.e.
o  Acting in the interests of national security, public safety
     or the economic well-being of the country.
o  Acting for the prevention of disorder or crime.
o  Acting for the protection of public health or morals.

These are specified in the HRA (1998), but I find it hard to see that
Ann can include her specific case in any of the above.

Because of this, if it were discovered that Ann had made such
unauthorised recordings, she might have all care withdrawn from her, at
least by the hospital, and likely by her local NHS trust.

If she has a complaint about her diagnosis or treatment, she should make
a formal complaint (in writing) to her LHA. That way she would not be
dis-enfranchised from health care - irrespective of whether or not there
was any outcome from her complaint. LHAs are particularly sensitive
about formal complaints, since any outcome (whether or not in Ann's
favour) could result in litigation (and the award of substantial
damages) in years to come. So Ann is likely to have any issues quickly
resolved.
--
Tony Morgan
Author
2 Jul 2006 10:20 AM
p.valente
Tony Morgan ha scritto:

Show quoteHide quote
> In message <44a6dab4$1$79787$892e7***@authen.yellow.readfreenews.net>,
> ":::Jerry::::" <me@privacy.INVALID> writes
> >
> >"Anne R" <n*@nomail.com> wrote in message
> >news:Xns97F3C793C66874C1H4@127.0.0.1...
> >> I'm in the UK and am looking for a secret camcorder similar to what
> >> they probably use in TV documentaries.
> >>
> >> I'm getting really messed up by a doctor (NHS hospital doc) and I
> >> want to record the stuff I have to go through in consultations as
> >> proof for a complaint.  The consultations are only discussion and
> >not
> >> a physical exam.  Hard to explain but can't change doc easily.
> >>
> >
> ><snip crap>
> >
> >A, what you are proposing to do is probably [1] very close to being
> >illegal (before TV companies use secret cameras they clear it with
> >their legal depts.), any evidence gained might not be admissible in
> >any form in legal, disciplinary and other proceedings whilst it could
> >lead to a claim against you. You will also need to spend more than
> >you will be able to afford I suspect - the pin hole camera that you
> >need can be bought cheaply BUT you then need a small portable video
> >recorder and this will set you back around a 1000 USD / GBP.
> >
> You're quite right Jerry. Such unauthorised recording is in
> contravention of Article 8 of the European Convention on Human Rights
> which was introduced into UK law by the Human Rights Act 1998.
>
> There are exceptions of course, i.e.
> o  Acting in the interests of national security, public safety
>      or the economic well-being of the country.
> o  Acting for the prevention of disorder or crime.
> o  Acting for the protection of public health or morals.
>
> These are specified in the HRA (1998), but I find it hard to see that
> Ann can include her specific case in any of the above.
>
> Because of this, if it were discovered that Ann had made such
> unauthorised recordings, she might have all care withdrawn from her, at
> least by the hospital, and likely by her local NHS trust.
>
> If she has a complaint about her diagnosis or treatment, she should make
> a formal complaint (in writing) to her LHA. That way she would not be
> dis-enfranchised from health care - irrespective of whether or not there
> was any outcome from her complaint. LHAs are particularly sensitive
> about formal complaints, since any outcome (whether or not in Ann's
> favour) could result in litigation (and the award of substantial
> damages) in years to come. So Ann is likely to have any issues quickly
> resolved.
> --
> Tony Morgan



http://s4.bitefight.it/c.php?uid=19648
Author
2 Jul 2006 11:03 AM
Laurence Payne
On Sun, 2 Jul 2006 01:14:56 +0100, Tony Morgan
<tonymorgan@rhylonlinenospam.com> wrote:

>Because of this, if it were discovered that Ann had made such
>unauthorised recordings, she might have all care withdrawn from her, at
>least by the hospital, and likely by her local NHS trust.

I can see the headline:

CONFUSED WOMAN MAKES RECORDING, SO HOSPITAL REFUSES TREATMENT
Coroner slates RHO...

The sad thing is, it just might happen :-(
Author
2 Jul 2006 1:36 PM
Tony Morgan
In message <jn9fa21m9dn8ksdrus6s8j0t73ku2rh***@4ax.com>, Laurence Payne
<lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>On Sun, 2 Jul 2006 01:14:56 +0100, Tony Morgan
><tonymorgan@rhylonlinenospam.com> wrote:
>
>>Because of this, if it were discovered that Ann had made such
>>unauthorised recordings, she might have all care withdrawn from her, at
>>least by the hospital, and likely by her local NHS trust.
>
>I can see the headline:
>
>CONFUSED WOMAN MAKES RECORDING, SO HOSPITAL REFUSES TREATMENT
>Coroner slates RHO...
>
>The sad thing is, it just might happen :-(

The trick is to get LHA procedures and policies to work *for* you, and
not against you.

Author
2 Jul 2006 1:57 PM
Laurence Payne
On Sun, 2 Jul 2006 14:36:04 +0100, Tony Morgan
<tonymorgan@rhylonlinenospam.com> wrote:

>>I can see the headline:
>>
>>CONFUSED WOMAN MAKES RECORDING, SO HOSPITAL REFUSES TREATMENT
>>Coroner slates RHO...
>>
>>The sad thing is, it just might happen :-(
>
>The trick is to get LHA procedures and policies to work *for* you, and
>not against you.

We're not dealing with a rational thinker here.  The problem is that a
healthcare provider, of all people, might penalise her for this.
Author
2 Jul 2006 8:13 PM
:::Jerry::::
Show quote Hide quote
"Laurence Payne" <lpayne1NOSPAM@dslDOTpipexDOTcom> wrote in message
news:p3kfa2lbhaso6qs08cmj35c2u9234sudnp@4ax.com...
> On Sun, 2 Jul 2006 14:36:04 +0100, Tony Morgan
> <tonymorgan@rhylonlinenospam.com> wrote:
>
> >>I can see the headline:
> >>
> >>CONFUSED WOMAN MAKES RECORDING, SO HOSPITAL REFUSES TREATMENT
> >>Coroner slates RHO...
> >>
> >>The sad thing is, it just might happen :-(
> >
> >The trick is to get LHA procedures and policies to work *for* you,
and
> >not against you.
>
> We're not dealing with a rational thinker here.  The problem is
that a
> healthcare provider, of all people, might penalise her for this.

But then if one plays with fire one should expect the possibility of
getting burnt - the point is, if the OP does have issues with her
health care she should go through the correct channels as Tony says.
Author
9 Jul 2006 10:42 PM
Anne R
On 02 Jul 2006, :::Jerry::::<me@privacy.INVALID> wrote:

Show quoteHide quote
>
> "Laurence Payne" <lpayne1NOSPAM@dslDOTpipexDOTcom> wrote in message
> news:p3kfa2lbhaso6qs08cmj35c2u9234sudnp@4ax.com...
>> On Sun, 2 Jul 2006 14:36:04 +0100, Tony Morgan
>> <tonymorgan@rhylonlinenospam.com> wrote:
>>
>> >>I can see the headline:
>> >>
>> >>CONFUSED WOMAN MAKES RECORDING, SO HOSPITAL REFUSES TREATMENT
>> >>Coroner slates RHO...
>> >>
>> >>The sad thing is, it just might happen :-(
>> >
>> >The trick is to get LHA procedures and policies to work *for*
>> >you, and
>> >not against you.
>>
>> We're not dealing with a rational thinker here.  The problem is
>> that a
>> healthcare provider, of all people, might penalise her for this.
>
> But then if one plays with fire one should expect the possibility
> of getting burnt - the point is, if the OP does have issues with
> her health care she should go through the correct channels as Tony
> says.

I intend to go through the correct channels.  It's just that I prefer
to do so with some video evidence.
Author
4 Aug 2006 7:21 AM
Long John
> I intend to go through the correct channels.  It's just that I prefer
> to do so with some video evidence.

Sweetie, it ain't gonna fly...even 60 Minutes gets releases..!

Can you have a trusted friend or advocate be in  the room with you
as a credible witness able to testify if need be..?
Author
12 Jul 2006 10:49 PM
Anne R
On 02 Jul 2006, Laurence Payne<lpayne1NOSPAM@dslDOTpipexDOTcom>
wrote:

Show quoteHide quote
> On Sun, 2 Jul 2006 14:36:04 +0100, Tony Morgan
> <tonymorgan@rhylonlinenospam.com> wrote:
>
>>>I can see the headline:
>>>
>>>CONFUSED WOMAN MAKES RECORDING, SO HOSPITAL REFUSES TREATMENT
>>>Coroner slates RHO...
>>>
>>>The sad thing is, it just might happen :-(
>>
>>The trick is to get LHA procedures and policies to work *for* you,
>>and not against you.
>
> We're not dealing with a rational thinker here.  The problem is
> that a healthcare provider, of all people, might penalise her for
> this.
>

On what grounds?
Author
9 Jul 2006 10:39 PM
Anne R
On 02 Jul 2006, Tony Morgan<tonymorgan@rhylonlinenospam.com> wrote:

Show quoteHide quote
>>A, what you are proposing to do is probably [1] very close to being
>>illegal (before TV companies use secret cameras they clear it with
>>their legal depts.), any evidence gained might not be admissible in
>>any form in legal, disciplinary and other proceedings whilst it
>>could lead to a claim against you. You will also need to spend more
>>than you will be able to afford I suspect - the pin hole camera
>>that you need can be bought cheaply BUT you then need a small
>>portable video recorder and this will set you back around a 1000
>>USD / GBP.
>>
> You're quite right Jerry. Such unauthorised recording is in
> contravention of Article 8 of the European Convention on Human
> Rights which was introduced into UK law by the Human Rights Act
> 1998.
>
> There are exceptions of course, i.e.
> o  Acting in the interests of national security, public safety
>      or the economic well-being of the country.
> o  Acting for the prevention of disorder or crime.
> o  Acting for the protection of public health or morals.
>
> These are specified in the HRA (1998), but I find it hard to see
> that Ann can include her specific case in any of the above.
>
> Because of this, if it were discovered that Ann had made such
> unauthorised recordings, she might have all care withdrawn from
> her, at least by the hospital, and likely by her local NHS trust.
>
> If she has a complaint about her diagnosis or treatment, she should
> make a formal complaint (in writing) to her LHA. That way she would
> not be dis-enfranchised from health care - irrespective of whether
> or not there was any outcome from her complaint. LHAs are
> particularly sensitive about formal complaints, since any outcome
> (whether or not in Ann's favour) could result in litigation (and
> the award of substantial damages) in years to come. So Ann is
> likely to have any issues quickly resolved.

Isn't article 8 saying that a public authority is not allowed to force
intself onto a member of the public.  But in my case it is the other way
around.
Author
12 Jul 2006 10:49 PM
Anne R
On 02 Jul 2006, Tony Morgan<tonymorgan@rhylonlinenospam.com> wrote:

Show quoteHide quote
> In message
> <44a6dab4$1$79787$892e7***@authen.yellow.readfreenews.net>,
> ":::Jerry::::" <me@privacy.INVALID> writes
>>
>>"Anne R" <n*@nomail.com> wrote in message
>>news:Xns97F3C793C66874C1H4@127.0.0.1...
>>> I'm in the UK and am looking for a secret camcorder similar to
>>> what they probably use in TV documentaries.
>>>
>>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>>> want to record the stuff I have to go through in consultations as
>>> proof for a complaint.  The consultations are only discussion and
>>not
>>> a physical exam.  Hard to explain but can't change doc easily.
>>>
>>
>><snip crap>
>>
>>A, what you are proposing to do is probably [1] very close to being
>>illegal (before TV companies use secret cameras they clear it with
>>their legal depts.), any evidence gained might not be admissible in
>>any form in legal, disciplinary and other proceedings whilst it
>>could lead to a claim against you. You will also need to spend more
>>than you will be able to afford I suspect - the pin hole camera
>>that you need can be bought cheaply BUT you then need a small
>>portable video recorder and this will set you back around a 1000
>>USD / GBP.
>>
> You're quite right Jerry. Such unauthorised recording is in
> contravention of Article 8 of the European Convention on Human
> Rights which was introduced into UK law by the Human Rights Act
> 1998.
>
> There are exceptions of course, i.e.
> o  Acting in the interests of national security, public safety
>      or the economic well-being of the country.
> o  Acting for the prevention of disorder or crime.
> o  Acting for the protection of public health or morals.
>
> These are specified in the HRA (1998), but I find it hard to see
> that Ann can include her specific case in any of the above.
>
> Because of this, if it were discovered that Ann had made such
> unauthorised recordings, she might have all care withdrawn from
> her, at least by the hospital, and likely by her local NHS trust.
>
> If she has a complaint about her diagnosis or treatment, she should
> make a formal complaint (in writing) to her LHA. That way she would
> not be dis-enfranchised from health care - irrespective of whether
> or not there was any outcome from her complaint. LHAs are
> particularly sensitive about formal complaints, since any outcome
> (whether or not in Ann's favour) could result in litigation (and
> the award of substantial damages) in years to come. So Ann is
> likely to have any issues quickly resolved.

What if I am preventing a crime, which is what I believe I will be
doing?

Surely Article 8 applies to individuals and not to people working in
public institutions.  The Freedom of Information Act makes this
distinction in permitting others to ask about all the workings of public
institutions except for private and personal matters. 

http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm

A consultation given by an employee of a public institution would seem
to be something available under the FOIA (provided privacy of the
patient were observed).  In the same way, it may be seen as possible to
record that consulatation.

Certainly if I were the patient I would most probably have access to the
records of the consultation under the Data Protection Act.  Again, if I
make my own records and I do so electronically then I do not see that as
being a matter for prosecution.

I will add again ... I'm guessing that some consumer camcorders may now
small enough to hide on one's body.  But I'm not well-off so I don't
want to spend a ton of cash.

Certainly camcorders are now small enough to hide in a bag with the lens
pointing outwards through a hole in the bag but I guess I would need one
with a wide-ish angle and a mic suited to picking up conversation in a
small room.

Can anyone recommend some models to put on my shortlist?  Especially if
they are end-of-line and good deals can be had at the moment.
Author
13 Jul 2006 4:29 PM
Nigel Brooks
Show quote Hide quote
"Anne R" <n*@nomail.com> wrote in message
news:Xns97FEF2567CE65D4AM2@127.0.0.1...
> On 02 Jul 2006, Tony Morgan<tonymorgan@rhylonlinenospam.com> wrote:
>
>> In message
>> <44a6dab4$1$79787$892e7***@authen.yellow.readfreenews.net>,
>> ":::Jerry::::" <me@privacy.INVALID> writes
>>>
>>>"Anne R" <n*@nomail.com> wrote in message
>>>news:Xns97F3C793C66874C1H4@127.0.0.1...
>>>> I'm in the UK and am looking for a secret camcorder similar to
>>>> what they probably use in TV documentaries.
>>>>
>>>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>>>> want to record the stuff I have to go through in consultations as
>>>> proof for a complaint.  The consultations are only discussion and
>>>not
>>>> a physical exam.  Hard to explain but can't change doc easily.
>>>>
>>>
>>><snip crap>
>>>
>>>A, what you are proposing to do is probably [1] very close to being
>>>illegal (before TV companies use secret cameras they clear it with
>>>their legal depts.), any evidence gained might not be admissible in
>>>any form in legal, disciplinary and other proceedings whilst it
>>>could lead to a claim against you. You will also need to spend more
>>>than you will be able to afford I suspect - the pin hole camera
>>>that you need can be bought cheaply BUT you then need a small
>>>portable video recorder and this will set you back around a 1000
>>>USD / GBP.
>>>
>> You're quite right Jerry. Such unauthorised recording is in
>> contravention of Article 8 of the European Convention on Human
>> Rights which was introduced into UK law by the Human Rights Act
>> 1998.
>>
>> There are exceptions of course, i.e.
>> o  Acting in the interests of national security, public safety
>>      or the economic well-being of the country.
>> o  Acting for the prevention of disorder or crime.
>> o  Acting for the protection of public health or morals.
>>
>> These are specified in the HRA (1998), but I find it hard to see
>> that Ann can include her specific case in any of the above.
>>
>> Because of this, if it were discovered that Ann had made such
>> unauthorised recordings, she might have all care withdrawn from
>> her, at least by the hospital, and likely by her local NHS trust.
>>
>> If she has a complaint about her diagnosis or treatment, she should
>> make a formal complaint (in writing) to her LHA. That way she would
>> not be dis-enfranchised from health care - irrespective of whether
>> or not there was any outcome from her complaint. LHAs are
>> particularly sensitive about formal complaints, since any outcome
>> (whether or not in Ann's favour) could result in litigation (and
>> the award of substantial damages) in years to come. So Ann is
>> likely to have any issues quickly resolved.
>
> What if I am preventing a crime, which is what I believe I will be
> doing?
>
> Surely Article 8 applies to individuals and not to people working in
> public institutions.  The Freedom of Information Act makes this
> distinction in permitting others to ask about all the workings of public
> institutions except for private and personal matters.
>
> http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm
>
> A consultation given by an employee of a public institution would seem
> to be something available under the FOIA (provided privacy of the
> patient were observed).  In the same way, it may be seen as possible to
> record that consulatation.
>
> Certainly if I were the patient I would most probably have access to the
> records of the consultation under the Data Protection Act.  Again, if I
> make my own records and I do so electronically then I do not see that as
> being a matter for prosecution.
>
> I will add again ... I'm guessing that some consumer camcorders may now
> small enough to hide on one's body.  But I'm not well-off so I don't
> want to spend a ton of cash.
>
> Certainly camcorders are now small enough to hide in a bag with the lens
> pointing outwards through a hole in the bag but I guess I would need one
> with a wide-ish angle and a mic suited to picking up conversation in a
> small room.
>
> Can anyone recommend some models to put on my shortlist?  Especially if
> they are end-of-line and good deals can be had at the moment.

Try the Spy Shop on South Audley Street, just down from the US Embassy -
they probably have exactly what you need.  It really doesn't seem like you
need a visual record of what is occurring, because your first post mentioned
only discussions.

A simple digital voice recorder would probably suffice for your purposes,
you can get them anywhere and there is no tape involved.
http://www.olympusamerica.com/cpg_section/cpg_vr_digitalrecorders.asp

--
Nigel Brooks
Author
4 Aug 2006 7:33 AM
Long John
"Anne R" <n*@nomail.com> wrote in message
news:Xns97FEF2567CE65D4AM2@127.0.0.1...

Snip Snip ALL this long quote string

> What if I am preventing a crime, which is what I believe I will be
> doing?

If you were in the USA you *might* have *some* protection as a
"whistle blower", but you're not in the us so that is a moot point


> Surely Article 8 applies to individuals and not to people working in
> public institutions.  The Freedom of Information Act makes this
> distinction in permitting others to ask about all the workings of public
> institutions except for private and personal matters.
>
> http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm
>
> A consultation given by an employee of a public institution would seem
> to be something available under the FOIA (provided privacy of the
> patient were observed).  In the same way, it may be seen as possible to
> record that consulatation.

How on earth does the Freedom Of Information Act in the US apply to somebody
in the UK..?

Beside invasion of privacy (Doctors privacy, not just the patients privacy)
there's the issue of confidential doctor / patient communications that is
sacrosanct

Show quoteHide quote
> Certainly if I were the patient I would most probably have access to the
> records of the consultation under the Data Protection Act.  Again, if I
> make my own records and I do so electronically then I do not see that as
> being a matter for prosecution.
>
> I will add again ... I'm guessing that some consumer camcorders may now
> small enough to hide on one's body.  But I'm not well-off so I don't
> want to spend a ton of cash.
>
> Certainly camcorders are now small enough to hide in a bag with the lens
> pointing outwards through a hole in the bag but I guess I would need one
> with a wide-ish angle and a mic suited to picking up conversation in a
> small room.
>
> Can anyone recommend some models to put on my shortlist?  Especially if
> they are end-of-line and good deals can be had at the moment.

You're going to alot of trouble for dubious results, and you might be
hurting,
not helping your case and or cause to be approaching it in such a covert
fashion
which would be highly illegal here in the USA...

For all the hassle you're going thru...GET ANOTHER DOCTOR...!

You say you can't get another MD, yet you're willing to spend time
and money that could be spend on another doctor...   Yikes..!
Author
2 Jul 2006 10:19 AM
p.valente
Show quote Hide quote
:::Jerry:::: ha scritto:

> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97F3C793C66874C1H4@127.0.0.1...
> > I'm in the UK and am looking for a secret camcorder similar to what
> > they probably use in TV documentaries.
> >
> > I'm getting really messed up by a doctor (NHS hospital doc) and I
> > want to record the stuff I have to go through in consultations as
> > proof for a complaint.  The consultations are only discussion and
> not
> > a physical exam.  Hard to explain but can't change doc easily.
> >
>
> <snip crap>
>
> A, what you are proposing to do is probably [1] very close to being
> illegal (before TV companies use secret cameras they clear it with
> their legal depts.), any evidence gained might not be admissible in
> any form in legal, disciplinary and other proceedings whilst it could
> lead to a claim against you. You will also need to spend more than
> you will be able to afford I suspect - the pin hole camera that you
> need can be bought cheaply BUT you then need a small portable video
> recorder and this will set you back around a 1000 USD / GBP.
>
> If you really want to make a secret recording, and as you say that
> the consultations are non physical why wont a simple audio recording
> do?
>
> [1] you don't say which jurisdiction you are in, the US, UK or
> Timbuktu...


http://s4.bitefight.it/c.php?uid=19648
Author
9 Jul 2006 10:40 PM
Anne R
On 01 Jul 2006, :::Jerry::::<me@privacy.INVALID> wrote:

Show quoteHide quote
> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97F3C793C66874C1H4@127.0.0.1...
>> I'm in the UK and am looking for a secret camcorder similar to
>> what they probably use in TV documentaries.
>>
>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>> want to record the stuff I have to go through in consultations as
>> proof for a complaint.  The consultations are only discussion and
> not
>> a physical exam.  Hard to explain but can't change doc easily.
>>
>
> <snip crap>
>
> A, what you are proposing to do is probably [1] very close to being
> illegal (before TV companies use secret cameras they clear it with
> their legal depts.), any evidence gained might not be admissible in
> any form in legal, disciplinary and other proceedings whilst it
> could lead to a claim against you. You will also need to spend more
> than you will be able to afford I suspect - the pin hole camera
> that you need can be bought cheaply BUT you then need a small
> portable video recorder and this will set you back around a 1000
> USD / GBP.

I don't expect to ever get near the courts.  The video may well be
accepted by a variety of other people such as complaints invstigators.


>
> If you really want to make a secret recording, and as you say that
> the consultations are non physical why wont a simple audio
> recording do?

I have made audio recordings but I want video.
Author
10 Jul 2006 5:58 PM
NoNoBadDog!
Show quote Hide quote
"Anne R" <n*@nomail.com> wrote in message
news:Xns97FBF0E4670385D4AM2@127.0.0.1...
> On 01 Jul 2006, :::Jerry::::<me@privacy.INVALID> wrote:
>
>> "Anne R" <n*@nomail.com> wrote in message
>> news:Xns97F3C793C66874C1H4@127.0.0.1...
>>> I'm in the UK and am looking for a secret camcorder similar to
>>> what they probably use in TV documentaries.
>>>
>>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>>> want to record the stuff I have to go through in consultations as
>>> proof for a complaint.  The consultations are only discussion and
>> not
>>> a physical exam.  Hard to explain but can't change doc easily.
>>>
>>
>> <snip crap>
>>
>> A, what you are proposing to do is probably [1] very close to being
>> illegal (before TV companies use secret cameras they clear it with
>> their legal depts.), any evidence gained might not be admissible in
>> any form in legal, disciplinary and other proceedings whilst it
>> could lead to a claim against you. You will also need to spend more
>> than you will be able to afford I suspect - the pin hole camera
>> that you need can be bought cheaply BUT you then need a small
>> portable video recorder and this will set you back around a 1000
>> USD / GBP.
>
> I don't expect to ever get near the courts.  The video may well be
> accepted by a variety of other people such as complaints invstigators.
>
>
>>
>> If you really want to make a secret recording, and as you say that
>> the consultations are non physical why wont a simple audio
>> recording do?
>
> I have made audio recordings but I want video.

Either one is inadmissible as evidence, and probably illegal.

It is not hard to understand...you cannot do it yourself.

If video or audio is to be used as evidence, it has to be done under court
order, under controlled conditions, by certified methods, and the chain of
possession must be demonstrable.

Bobby
Author
10 Jul 2006 9:55 PM
Stuart McKears
On Mon, 10 Jul 2006 07:58:01 -1000, "NoNoBadDog!" <Diespammers@notme.com> wrote:

>Either one is inadmissible as evidence, and probably illegal.
>
>It is not hard to understand...you cannot do it yourself.
>
>If video or audio is to be used as evidence, it has to be done under court
>order, under controlled conditions, by certified methods, and the chain of
>possession must be demonstrable.
>
>Bobby

Video and/or audio evidence is treated in the same way as any other evidence.

I have supplied links to show this,  so please cite your sources to backup your
statement.


regards

Stuart

www.mckears.com
Author
10 Jul 2006 11:37 PM
Laurence Payne
>If video or audio is to be used as evidence, it has to be done under court
>order, under controlled conditions, by certified methods, and the chain of
>possession must be demonstrable.

Rubbish.   The only thing you have got right is about disclosure of
evidence.
Author
11 Jul 2006 1:44 PM
Nigel Brooks
Show quote Hide quote
"NoNoBadDog!" <Diespammers@notme.com> wrote in message
news:XeudnSO9p8qwCC_ZnZ2dnUVZ_uidnZ2d@hawaiiantel.net...
>
> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97FBF0E4670385D4AM2@127.0.0.1...
>> On 01 Jul 2006, :::Jerry::::<me@privacy.INVALID> wrote:
>>
>>> "Anne R" <n*@nomail.com> wrote in message
>>> news:Xns97F3C793C66874C1H4@127.0.0.1...
>>>> I'm in the UK and am looking for a secret camcorder similar to
>>>> what they probably use in TV documentaries.
>>>>
>>>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>>>> want to record the stuff I have to go through in consultations as
>>>> proof for a complaint.  The consultations are only discussion and
>>> not
>>>> a physical exam.  Hard to explain but can't change doc easily.
>>>>
>>>
>>> <snip crap>
>>>
>>> A, what you are proposing to do is probably [1] very close to being
>>> illegal (before TV companies use secret cameras they clear it with
>>> their legal depts.), any evidence gained might not be admissible in
>>> any form in legal, disciplinary and other proceedings whilst it
>>> could lead to a claim against you. You will also need to spend more
>>> than you will be able to afford I suspect - the pin hole camera
>>> that you need can be bought cheaply BUT you then need a small
>>> portable video recorder and this will set you back around a 1000
>>> USD / GBP.
>>
>> I don't expect to ever get near the courts.  The video may well be
>> accepted by a variety of other people such as complaints invstigators.
>>
>>
>>>
>>> If you really want to make a secret recording, and as you say that
>>> the consultations are non physical why wont a simple audio
>>> recording do?
>>
>> I have made audio recordings but I want video.
>
> Either one is inadmissible as evidence, and probably illegal.

You most certainly can do it yourself depending on the particular
jurisdiction you live in.

For example - some jurisdictions in the United States prohibit covert
recordings unless both parties to the recording are aware that it is being
done.  Linda Tripp was prosecuted by Maryland for secretly recording a
conversation she had with Lewinsky.

But that is not the case in all jurisdictions, in fact most jurisdictions
allow covert taping if one of the parties to the conversation has consented
(in other words the person who is doing the taping).

Either way - the contents of the recording are admissable as evidence
regardless of how they were obtained.  The rules regarding admissability
apply to evidence obtained by and sought to be introduced by the
Government - not private individuals.   For example, in a criminal
prosecution the Government may introduce evidence unlawfully obtained by a
private individual as long as it can be shown the Government did not cause
or recruit the individual to gather the evidence.

> It is not hard to understand...you cannot do it yourself.

It is easy to understand actually - you might be prohibited from doing it,
or it might be perfectly permissable.  It is totally dependant on the
jurisdiction you are in.


> If video or audio is to be used as evidence, it has to be done under court
> order, under controlled conditions, by certified methods, and the chain of
> possession must be demonstrable.


Rubbish - Chain of Custody does not have anything to do with audio or video
evidence.  If the evidence is permitted then all that has to be done to
properly introduce it is to ask the person who is testifying about it - if
the recording or the video accurately represents what happened.

Court orders have nothing to do with audio or video evidence - unless it is
obtained non-consensually (wiretap etc).  The whole issue revolves around
"consent" - if one party to the conversation consents then it is ok and no
court order, warrant or any other legal process is required.

The person asking the question was from the UK and it might be perfectly
legal for a private individual to make a consensual recording. It is not
illegal for individuals to tape conversations providing the recording is for
their own use, under the Regulation of Investigatory Powers Act 2000 (RIPA).

Nigel Brooks
Author
11 Jul 2006 4:11 PM
Tony Morgan
In message <4hhoanF1rqvl***@individual.net>, Nigel Brooks
<nbro***@msn.com> writes
>The person asking the question was from the UK and it might be
>perfectly legal for a private individual to make a consensual
>recording. It is not illegal for individuals to tape conversations
>providing the recording is for their own use, under the Regulation of
>Investigatory Powers Act 2000 (RIPA).

Rubbish. The Regulation of Investigatory Powers Act 2000 can be read at:
http://www.opsi.gov.uk/acts/acts2000/00023--b.htm#1

It's scope is clearly defined in Clause 1 as relating to "a public
postal service or a public telecommunication system". It also make it
clear that it's scope is restricted to interception of transmission by
means of a public or private telecommunication system.

I do wish that people did not take things completely out of context (or
in this case - out of scope).

I'd argue that it is transparently clear that the OP's recording of a
face-to-face conversation without one party's permission or knowledge
can never be interpreted as an interception of a transmission of a
telecommunication system.
Author
11 Jul 2006 5:39 PM
Nigel Brooks
Show quote Hide quote
"Tony Morgan" <tonymorgan@rhylonlinenospam.com> wrote in message
news:7RudlWBk28sEFwNX@zen54488.zen.co.uk...
> In message <4hhoanF1rqvl***@individual.net>, Nigel Brooks
> <nbro***@msn.com> writes
>>The person asking the question was from the UK and it might be perfectly
>>legal for a private individual to make a consensual recording. It is not
>>illegal for individuals to tape conversations providing the recording is
>>for their own use, under the Regulation of Investigatory Powers Act 2000
>>(RIPA).
>
> Rubbish. The Regulation of Investigatory Powers Act 2000 can be read at:
> http://www.opsi.gov.uk/acts/acts2000/00023--b.htm#1
>
> It's scope is clearly defined in Clause 1 as relating to "a public postal
> service or a public telecommunication system". It also make it clear that
> it's scope is restricted to interception of transmission by means of a
> public or private telecommunication system.
>
> I do wish that people did not take things completely out of context (or in
> this case - out of scope).
>
> I'd argue that it is transparently clear that the OP's recording of a
> face-to-face conversation without one party's permission or knowledge can
> never be interpreted as an interception of a transmission of a
> telecommunication system.
> --
> Tony Morgan
> http://www.camcord.info

And I'd argue that what is good for the goose is good for the gander.

It is a fact that it is perfectly legal for an individual to covertly record
a consensual conversation made by means of a public or private
telecommunications system.

It follows that if it is permissable to consensually record a conversation
made over the wire - it is also permissable to record a face to face
conversation consensually.

There is far more of a privacy interest in communications conducted by
telephone than there is in a face to face confrontation.

The whole point of my post is that the legality of a covert consensual
recording depends entirely on the jurisdiction you are in and there is no
blanket authorization or prohibition.

--
Nigel Brooks
Author
11 Jul 2006 5:58 PM
Laurence Payne
On Tue, 11 Jul 2006 12:39:49 -0500, "Nigel Brooks" <nbro***@msn.com>
wrote:

>The whole point of my post is that the legality of a covert consensual
>recording depends entirely on the jurisdiction you are in and there is no
>blanket authorization or prohibition.

If it's consensual, how is it covert?

Anyway, this has gone on long enough.  I just 'phoned my father, a
lawyer.   Covert audio/video is admissible in English courts.   Given
opportunity, the defence may well challenge its authenticity.  But in
principle it's admissible, and it's often used.
Author
11 Jul 2006 6:38 PM
Tony Morgan
In message <c3p7b2l4lbuc53tt2hvc1b5mcvnladl***@4ax.com>, Laurence Payne
<lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>On Tue, 11 Jul 2006 12:39:49 -0500, "Nigel Brooks" <nbro***@msn.com>
>wrote:
>
>>The whole point of my post is that the legality of a covert consensual
>>recording depends entirely on the jurisdiction you are in and there is no
>>blanket authorization or prohibition.
>
>If it's consensual, how is it covert?
>
>Anyway, this has gone on long enough.  I just 'phoned my father, a
>lawyer.

ROFL.... I was waiting for someone to dismiss well defined, tried and
tested statutes on the basis of "XXXX" says differently. Why not quote
Lord Phillips?

>Covert audio/video is admissible in English courts.   Given
>opportunity, the defence may well challenge its authenticity.  But in
>principle it's admissible, and it's often used.

In which case what is your father's view of the Human Rights Act 1998 in
the context being discussed ?

There have been a number of well publicised cases in both District and
High Courts which seem to deny your father's learned view.

Author
11 Jul 2006 7:37 PM
Laurence Payne
On Tue, 11 Jul 2006 19:38:52 +0100, Tony Morgan
<tonymorgan@rhylonlinenospam.com> wrote:

>
>>Covert audio/video is admissible in English courts.   Given
>>opportunity, the defence may well challenge its authenticity.  But in
>>principle it's admissible, and it's often used.
>
>In which case what is your father's view of the Human Rights Act 1998 in
>the context being discussed ?


That covert evidence is sometimes challenged on the basis of the HRA,
but none the less frequently admitted.

I don't think being a Google-expert is enough here, Tony.
Author
11 Jul 2006 10:54 PM
Tony Morgan
In message <39v7b29o2ceml3se07btvsif9e4do34***@4ax.com>, Laurence Payne
<lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>I don't think being a Google-expert is enough here, Tony.

True - it does additionally require the ability to read and comprehend
the statutes that are there on-line for all to read.

Of course some folks will find that a little difficult....
Author
11 Jul 2006 11:14 PM
Laurence Payne
On Tue, 11 Jul 2006 23:54:09 +0100, Tony Morgan
<tonymorgan@rhylonlinenospam.com> wrote:

>In message <39v7b29o2ceml3se07btvsif9e4do34***@4ax.com>, Laurence Payne
><lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>>I don't think being a Google-expert is enough here, Tony.
>
>True - it does additionally require the ability to read and comprehend
>the statutes that are there on-line for all to read.
>
>Of course some folks will find that a little difficult....

Tony, you're wrong.  I know you can't admit it, but why not just let
this one fade away?
Author
12 Jul 2006 8:03 PM
Laurence Payne
>Tony, you're wrong.  I know you can't admit it, but why not just let
>this one fade away?

20:1 Tony shuts up.

2:1 Tony will soon make a lengthy post (with footnotes).  Prolonged
Googling will have dredged up some contexts in which he might be
partly correct.

10000:1 Tony posts "Sorry, I was mistaken."

Show quoteHide quote
:-)
Author
11 Jul 2006 10:10 PM
Nigel Brooks
Show quote Hide quote
"Tony Morgan" <tonymorgan@rhylonlinenospam.com> wrote in message
news:$SosFfC8A$sEFw9m@zen54488.zen.co.uk...
> In message <c3p7b2l4lbuc53tt2hvc1b5mcvnladl***@4ax.com>, Laurence Payne
> <lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>>On Tue, 11 Jul 2006 12:39:49 -0500, "Nigel Brooks" <nbro***@msn.com>
>>wrote:
>>
>>>The whole point of my post is that the legality of a covert consensual
>>>recording depends entirely on the jurisdiction you are in and there is no
>>>blanket authorization or prohibition.
>>
>>If it's consensual, how is it covert?
>>
>>Anyway, this has gone on long enough.  I just 'phoned my father, a
>>lawyer.
>
> ROFL.... I was waiting for someone to dismiss well defined, tried and
> tested statutes on the basis of "XXXX" says differently. Why not quote
> Lord Phillips?
>
>>Covert audio/video is admissible in English courts.   Given
>>opportunity, the defence may well challenge its authenticity.  But in
>>principle it's admissible, and it's often used.
>
> In which case what is your father's view of the Human Rights Act 1998 in
> the context being discussed ?

The Act applies to Governmental bodies - specifically Article 8 prohibits a
"Public Authority" - in other words The State from violating the Right to
Privacy without due process.  Private bodies and individuals are under no
obligation to comply with the act.

> There have been a number of well publicised cases in both District and
> High Courts which seem to deny your father's learned view.
>

Kindly cite a couple - specifically cases involving private individuals who
are alleged to have contravened the HRA

Nigel Brooks
Author
11 Jul 2006 9:53 PM
Nigel Brooks
"Laurence Payne" <lpayne1NOSPAM@dslDOTpipexDOTcom> wrote in message
news:c3p7b2l4lbuc53tt2hvc1b5mcvnladlfkn@4ax.com...
> On Tue, 11 Jul 2006 12:39:49 -0500, "Nigel Brooks" <nbro***@msn.com>
> wrote:
>
>>The whole point of my post is that the legality of a covert consensual
>>recording depends entirely on the jurisdiction you are in and there is no
>>blanket authorization or prohibition.
>
> If it's consensual, how is it covert?

If both parties consent to a recording then there is no problem - we are
speaking of a situation where the person doing the recording is doing so
covertly.  The person doing the covert recording is a party to the
conversation and is consenting to the recording - the other party is not be
aware that the conversation is being recorded.  It is covert if one employs
a hidden device to record the conversation and that is not known by the
other participants of the conversation.

> Anyway, this has gone on long enough.  I just 'phoned my father, a
> lawyer.   Covert audio/video is admissible in English courts.   Given
> opportunity, the defence may well challenge its authenticity.  But in
> principle it's admissible, and it's often used.

I could find nothing which would prohibit the use of a covert consensual
audio/video under UK law.  In fact UK law is somewhat more lenient than US
law.  For example although an order of the court must be obatined to
intercept a conversation over the phone (non-consensual) - it is perfectly
permissable for a law enforcement officer to bug a room to record
conversations of non consenting individuals inside that room (or at least it
was 6 years ago).  In the United States however, both types of intercept
require a Court Order .

Nigel Brooks
Author
11 Jul 2006 6:22 PM
Tony Morgan
In message <4hi636F1ruvj***@individual.net>, Nigel Brooks
<nbro***@msn.com> writes
>There is far more of a privacy interest in communications conducted by
>telephone than there is in a face to face confrontation.
>
Which has nothing whatsoever to do with Anne's intent.
Please Nigel - stop blowing smoke !!!

>The whole point of my post is that the legality of a covert consensual
>recording depends entirely on the jurisdiction you are in and there is
>no blanket authorization or prohibition.

Firstly, I should remind you that Anne's proposition is not consensual -
that is the whole issue.

Further, jurisdiction is not an issue Nigel - Anne lives in the UK - so
why start babbling on about jurisdiction?

Author
11 Jul 2006 9:48 PM
Nigel Brooks
Show quote Hide quote
"Tony Morgan" <tonymorgan@rhylonlinenospam.com> wrote in message
news:nDv6x6Ahx+sEFwPT@zen54488.zen.co.uk...
> In message <4hi636F1ruvj***@individual.net>, Nigel Brooks
> <nbro***@msn.com> writes
>>There is far more of a privacy interest in communications conducted by
>>telephone than there is in a face to face confrontation.
>>
> Which has nothing whatsoever to do with Anne's intent.
> Please Nigel - stop blowing smoke !!!

>>The whole point of my post is that the legality of a covert consensual
>>recording depends entirely on the jurisdiction you are in and there is no
>>blanket authorization or prohibition.
>
> Firstly, I should remind you that Anne's proposition is not consensual -
> that is the whole issue.


Rubbish - She is a party to the conversation and is the one who is
consenting to the recording.  You only need one party to consent.  You are
confused about the definition of what constitutes a consensual recording -
it doesn't need every party to consent - only one......

> Further, jurisdiction is not an issue Nigel - Anne lives in the UK - so
> why start babbling on about jurisdiction?

What specific UK law prohibits an individual from recording their
conversations with others covertly?  If there were such a law - every
television show which utilizes the hidden camera technique would be subject
to prosecution.  The fact is that if the person doing the recording is a
party to the conversation - it's legal.

Nigel Brooks
Author
12 Jul 2006 10:42 PM
Anne R
On 11 Jul 2006, Tony Morgan<tonymorgan@rhylonlinenospam.com> wrote:

Show quoteHide quote
> In message <4hi636F1ruvj***@individual.net>, Nigel Brooks
> <nbro***@msn.com> writes
>>There is far more of a privacy interest in communications conducted
>>by telephone than there is in a face to face confrontation.
>>
> Which has nothing whatsoever to do with Anne's intent.
> Please Nigel - stop blowing smoke !!!
>
>>The whole point of my post is that the legality of a covert
>>consensual recording depends entirely on the jurisdiction you are
>>in and there is no blanket authorization or prohibition.
>
> Firstly, I should remind you that Anne's proposition is not
> consensual - that is the whole issue.
>
> Further, jurisdiction is not an issue Nigel - Anne lives in the UK
> - so why start babbling on about jurisdiction?


Sorry for these harsh words.  They are not directed specificaly at
Tony but this part of the thread seems approx the right place to
post.  Sorry Tony if you feel I am pointing only at you!  I am not.

I didn't post to uk.legal because I don't really need a theoretical
discussion about laws and regulations and common practise and all
that.

I posted to several technology groups because I wanted some
information about what was available on the market.  I think it has
to be my business how I use it.

As was once observed: "morals" are standards one applies to oneself
and "ethics" are morals which one applies to others.  I will
determine my own morality and that will not be done here.  I don't
care for other people's personal morality being foisted upon me.
Author
13 Jul 2006 10:21 AM
Laurence Payne
On Wed, 12 Jul 2006 23:42:52 +0100, Anne R <n*@nomail.com> wrote:

Show quoteHide quote
>Sorry for these harsh words.  They are not directed specificaly at
>Tony but this part of the thread seems approx the right place to
>post.  Sorry Tony if you feel I am pointing only at you!  I am not.
>
>I didn't post to uk.legal because I don't really need a theoretical
>discussion about laws and regulations and common practise and all
>that.
>
>I posted to several technology groups because I wanted some
>information about what was available on the market.  I think it has
>to be my business how I use it.
>
>As was once observed: "morals" are standards one applies to oneself
>and "ethics" are morals which one applies to others.  I will
>determine my own morality and that will not be done here.  I don't
>care for other people's personal morality being foisted upon me.


You started a discussion.  It grew.  That's what happens on Usenet and
there's nothing you can do about it :-)

I think you got your answer very early on.  Use audio.
Author
13 Jul 2006 10:39 AM
Laurence Payne
Presumably by now you're either better or dead anyway?  :-)
Author
4 Aug 2006 7:47 AM
Long John
"Nigel Brooks" <nbro***@msn.com> wrote in message
news:4hi636F1ruvjiU1@individual.net...
> It follows that if it is permissable to consensually record a conversation
> made over the wire - it is also permissable to record a face to face
> conversation consensually.
>
> There is far more of a privacy interest in communications conducted by
> telephone than there is in a face to face confrontation.
>
> The whole point of my post is that the legality of a covert consensual
> recording depends entirely on the jurisdiction you are in and there is no
> blanket authorization or prohibition.

Here in the USA if the doctor was unaware he/she was being recorded,
then it would NOT be consensual...it would be a covert act, intending to
deliberately make a recording without the knowledge or consent...

You can't give "Informed Consent" if you don't know you're being recorded...
The courts in the USA have held this to be true and have awarded substatial
damages to the victims ...

Are we done with this topic yet, folks..?
Author
4 Aug 2006 8:32 AM
Laurence Payne
On Fri, 4 Aug 2006 00:47:25 -0700, "Long John" <mcra***@pacific.net>
wrote:

>Are we done with this topic yet, folks..?

er.....YOU'VE made 7 posts on the topic today  :-)
Author
6 Aug 2006 1:20 AM
Gene E. Bloch
Laurence Payne <lpayne1NOSPAM@dslDOTpipexDOTcom> wrote in
news:tf16d2lm9gavpursqdei1plp8rh9fujsij@4ax.com:

> On Fri, 4 Aug 2006 00:47:25 -0700, "Long John" <mcra***@pacific.net>
> wrote:
>
>>Are we done with this topic yet, folks..?

> er.....YOU'VE made 7 posts on the topic today  :-)

On other threads in other NGs as well, and so far always three or four
weeks after the threads had dried up.

--
Gene E. Bloch (Gino) ... letters617blochg3251
(replace the numbers by "at" and "dotcom")
Author
4 Aug 2006 7:39 AM
Long John
OK folks, we've beat this topic to death, and we're
going in useless circles here at this point...

Good luck Ann  (we need to move on here)...
Author
12 Jul 2006 8:53 PM
Anne R
On 10 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:

>>> If you really want to make a secret recording, and as you say
>>> that the consultations are non physical why wont a simple audio
>>> recording do?
>>
>> I have made audio recordings but I want video.
>
> Either one is inadmissible as evidence, and probably illegal.

It may be inadmissable in an English court of law but it is definitely
admissable where O wish it to be heard.


>
> It is not hard to understand...you cannot do it yourself.
>
> If video or audio is to be used as evidence, it has to be done
> under court order, under controlled conditions, by certified
> methods, and the chain of possession must be demonstrable.

Thank you but your contention following "if" is not applicable.
Author
18 Jul 2006 11:52 PM
nigel nailhead
"Anne R" <n*@nomail.com> wrote in message
news:Xns97FBF0E4670385D4AM2@127.0.0.1...
> On 01 Jul 2006, :::Jerry::::<me@privacy.INVALID> wrote:

> I have made audio recordings but I want video.

Concerning the legality or otherwise I suggest you ask in uk.legal.
I doubt if audio recordings are illegal when you are one of the parties
being recorded as the product is similar to written notes.
Author
2 Jul 2006 7:20 AM
NoNoBadDog!
Show quote Hide quote
"Anne R" <n*@nomail.com> wrote in message
news:Xns97F3C793C66874C1H4@127.0.0.1...
> I'm in the UK and am looking for a secret camcorder similar to what
> they probably use in TV documentaries.
>
> I'm getting really messed up by a doctor (NHS hospital doc) and I
> want to record the stuff I have to go through in consultations as
> proof for a complaint.  The consultations are only discussion and not
> a physical exam.  Hard to explain but can't change doc easily.
>
> I'm guessing that some consumer camcorders may now small enough to
> hide on one's body.  But I'm not well-off so I don't want to spend a
> ton of cash.
>
> Certainly camcorders are now small enough to hide in a bag with the
> lens pointing outwards through a hole in the bag but I guess I would
> need one with a wide-ish angle and a mic suited to picking up
> conversation in a small room.
>
> Can anyone recommend some models to put on my shortlist?  Especially
> if they are end-of-line and good deals can be had at the moment.
>
> Thank you.
> Anne
>

You are wasting your time.  Any video you take without the doctors knowledge
will *NOT* be admissible as evidence in court.  In order to do so, the
videotaping would have to be ordered by a district court judge, would have
to be accomplished by trained personnel, and the video would have to be
maintained in law enforcements hands at all times to insure that the video
had not been altered.

Bobby
Author
5 Jul 2006 11:00 AM
P Darby
"NoNoBadDog!" <Diespammers@notme.com> wrote in message
news:a9WdnXqr_sok7jrZnZ2dnUVZ_uqdnZ2d@hawaiiantel.net...

> You are wasting your time.  Any video you take without the doctors
> knowledge will *NOT* be admissible as evidence in court.  In order to do
> so, the videotaping would have to be ordered by a district court judge,
> would have to be accomplished by trained personnel, and the video would
> have to be maintained in law enforcements hands at all times to insure
> that the video had not been altered.


What rubbish.
The police are asking hunt monitors to video the hunt scum, to get evidence
of them illegally hunting.
Of course it's admissible.

Pete
Author
6 Jul 2006 3:16 PM
Tony Morgan
In message <12an6tprgbve***@corp.supernews.com>, P Darby
<DontUseThisEm***@All.com> writes
Show quoteHide quote
>"NoNoBadDog!" <Diespammers@notme.com> wrote in message
>news:a9WdnXqr_sok7jrZnZ2dnUVZ_uqdnZ2d@hawaiiantel.net...
>
>> You are wasting your time.  Any video you take without the doctors
>> knowledge will *NOT* be admissible as evidence in court.  In order to do
>> so, the videotaping would have to be ordered by a district court judge,
>> would have to be accomplished by trained personnel, and the video would
>> have to be maintained in law enforcements hands at all times to insure
>> that the video had not been altered.
>
>
>What rubbish.
>The police are asking hunt monitors to video the hunt scum, to get evidence
>of them illegally hunting.
>Of course it's admissible.
>
You are a shining example of  "a little knowledge is dangerous".

I'd suggest you clue yourself up before applying something completely
out of context to what the OP asked.

As I pointed out already in this thread:

<QUOTE>
Such unauthorised recording is in contravention of Article 8 of the
European Convention on Human Rights which was introduced into UK law by
the Human Rights Act 1998.

There are exceptions of course, i.e.
o  Acting in the interests of national security, public safety
     or the economic well-being of the country.
o  Acting for the prevention of disorder or crime.
o  Acting for the protection of public health or morals.

These are specified in the HRA (1998), but I find it hard to see that
Ann can include her specific case in any of the above.
</QUOTE>

Your example is within the context of "Acting for the prevention of
disorder or crime", while Anne's is OUTSIDE the exceptions listed in the
HRA (1998) above - so is not only inadmissible in court, but is in
itself illegal. And because it is illegal, could be (and likely would
be) used as a reason to refuse treatment by the relevant LHA.
--
Tony Morgan
Author
6 Jul 2006 4:24 PM
Laurence Payne
On Thu, 6 Jul 2006 16:16:17 +0100, Tony Morgan
<tonymorgan@rhylonlinenospam.com> wrote:

>Your example is within the context of "Acting for the prevention of
>disorder or crime", while Anne's is OUTSIDE the exceptions listed in the
>HRA (1998) above - so is not only inadmissible in court, but is in
>itself illegal. And because it is illegal, could be (and likely would
>be) used as a reason to refuse treatment by the relevant LHA.

You really think they'd treat a paranoid-obsessive so cruelly?  After
all, she's saved them the trouble of making a diagnosis :-)

Anyway, this would never come near a court of law.  If she DID get
evidence of malpractice, the hospital would publicly deny everything
but have an effective word with the doctor in question.   I have a
pretty jaded view of the world, but not QUTE as jaded as Tony's.   Yet
Show quoteHide quote
:-)
Author
6 Jul 2006 8:05 PM
Tony Morgan
In message <btdqa2pnc123bcu3l14p43tj1tgmdph***@4ax.com>, Laurence Payne
<lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>Anyway, this would never come near a court of law.

There I would wholeheartedly agree with you - but not for the reason
that you appear to suggest, but simply because any recording made as
suggested is in contravention of the HRA and such a recording would seem
to be the only evidence.

> If she DID get evidence of malpractice, the hospital would publicly
>deny everything but have an effective word with the doctor in question.

Malpractice is AFAIK in the domain of the BMA, and not the courts.
Negligence can be determined in the courts - malpractice no. It might
seem to be hair-splitting but there is a considerable difference.

I have had personal experience of LHAs (or more accurately the Luton &
Dunstable Hospital Trust). My present wife had a bad RTA in which she
fractured a vertebrae and four bones in her foot. She was taken to the
L&D where she had her leg put in plaster which was removed three months
later - but she was unable to obtain any subsequent physiotherapy or
further treatment. The result was a misshapen foot and considerable
difficulty in walking. A year later because she was still unable to walk
properly, she signed up for treatment and surgery on my private health
insurance (which fortunately covered her). The irony is that her
subsequent private BUPA diagnosis, treatment and surgery was with the
very same orthopaedic specialist who treated her in the L&D hospital.

We then sent a letter to the Luton & Dunstable Hospital Trust,
complaining about the treatment that she had received following her
accident. After two months of silence, my wife's GP received a letter
saying that the L&D could no longer accept referrals for any diagnosis
or treatment of my wife.

And yes. My opinions of health services are jaded.....
Author
6 Jul 2006 8:30 PM
Laurence Payne
>We then sent a letter to the Luton & Dunstable Hospital Trust,
>complaining about the treatment that she had received following her
>accident. After two months of silence, my wife's GP received a letter
>saying that the L&D could no longer accept referrals for any diagnosis
>or treatment of my wife.

Because you'd written a (doubtless calm and well-reasoned) letter of
complaint?  Or because having removed this treatment to the private
sector, they felt that (excepting acute complications, which the NHS
tends to deal with very well) it should stay there?

Were you ASKING to be referred back to the NHS?
Author
6 Jul 2006 11:24 PM
Tony Morgan
In message <lurqa2l76rcc2v6p3ga5593ikr6quss***@4ax.com>, Laurence Payne
<lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>>We then sent a letter to the Luton & Dunstable Hospital Trust,
>>complaining about the treatment that she had received following her
>>accident. After two months of silence, my wife's GP received a letter
>>saying that the L&D could no longer accept referrals for any diagnosis
>>or treatment of my wife.
>
>Because you'd written a (doubtless calm and well-reasoned) letter of
>complaint?  Or because having removed this treatment to the private
>sector, they felt that (excepting acute complications, which the NHS
>tends to deal with very well) it should stay there?
>
>Were you ASKING to be referred back to the NHS?

Before we went private - yes. Obviously getting a referral back to the
NHS AFTER private diagnosis/surgery/treatment/physiotherapy wasn't
appropriate.

The letter to her GP wasn't in response to a referral - simply a
response (after two months silence) to the complaint - which I should
add was couched in reasonable, polite language.

Interestingly, when notifying my wife of the letter, my wife's GP
observed that he "wouldn't by choice refer any of his patients to the
L&D". The L&D did have a pretty poor reputation, with the exception of
it's cardiac unit.
Author
7 Jul 2006 12:06 AM
Laurence Payne
So physio wasn't available.  You went private and got things sorted.
Some clerk read your letter of complaint as a request for further
treatment.  He sent a standardised response.

Out of interest - when the BUPA physio DID arrive, what was it?
Anything you couldn't have done for yourself?   Many years ago I was
in hospital following a road accident.  The physio came round.  "Let's
try to lift the leg a few inches off the bed, shall we?"
"Er....thanks....but I did 20 circuits of the main corridor last
night.  It's loosening up nicely!"
Author
7 Jul 2006 11:57 AM
Tony Morgan
In message <mo8ra2possjngdr1qm1mcl00h7bbljp***@4ax.com>, Laurence Payne
<lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>So physio wasn't available.  You went private and got things sorted.
>Some clerk read your letter of complaint as a request for further
>treatment.  He sent a standardised response.

Again you're inventing things. Because of the failure to give proper
treatment [1], my wife had to have major surgery on her foot - followed
by the usual physiotherapy

[1]  Failure to set the bones correctly, which resulted in
       tendons being trapped (which would/should have
       been spotted if physio had been provided once the
       plaster had been removed).
Author
7 Jul 2006 1:11 PM
Laurence Payne
On Fri, 7 Jul 2006 12:57:39 +0100, Tony Morgan
<tonymorgan@rhylonlinenospam.com> wrote:

>>So physio wasn't available.  You went private and got things sorted.
>>Some clerk read your letter of complaint as a request for further
>>treatment.  He sent a standardised response.
>
>Again you're inventing things. Because of the failure to give proper
>treatment [1], my wife had to have major surgery on her foot - followed
>by the usual physiotherapy
>
>[1]  Failure to set the bones correctly, which resulted in
>       tendons being trapped (which would/should have
>       been spotted if physio had been provided once the
>       plaster had been removed).


But what you SAID was:

" She was taken to the L&D where she had her leg put in plaster which
was removed three months later - but she was unable to obtain any
subsequent physiotherapy or further treatment. The result was a
misshapen foot and considerable difficulty in walking."

You're now angling the story rather differently.

Never mind.  I trust she is walking without problems now.
Author
4 Aug 2006 7:58 AM
Long John
Show quote Hide quote
"Tony Morgan" <tonymorgan@rhylonlinenospam.com> wrote in message
news:S58XPqDzwkrEFwyB@zen54488.zen.co.uk...
> In message <mo8ra2possjngdr1qm1mcl00h7bbljp***@4ax.com>, Laurence Payne
> <lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>>So physio wasn't available.  You went private and got things sorted. Some
>>clerk read your letter of complaint as a request for further treatment.
>>He sent a standardised response.
>
> Again you're inventing things. Because of the failure to give proper
> treatment [1], my wife had to have major surgery on her foot - followed by
> the usual physiotherapy
>
> [1]  Failure to set the bones correctly, which resulted in
>       tendons being trapped (which would/should have
>       been spotted if physio had been provided once the
>       plaster had been removed).

And like a boat adrift, this conversation is getting further and further
from video and DVD's
Author
9 Jul 2006 10:45 PM
Anne R
On 06 Jul 2006, Tony Morgan<tonymorgan@rhylonlinenospam.com> wrote:

Show quoteHide quote
> In message <btdqa2pnc123bcu3l14p43tj1tgmdph***@4ax.com>, Laurence
> Payne <lpayne1NOSPAM@dslDOTpipexDOTcom.?.invalid> writes
>> [...]
>
> There I would wholeheartedly agree with you - but not for the
> reason that you appear to suggest, but simply because any recording
> made as suggested is in contravention of the HRA and such a
> recording would seem to be the only evidence.
>
>> [...]
>
> Malpractice is AFAIK in the domain of the BMA, and not the courts.
> Negligence can be determined in the courts - malpractice no. It
> might seem to be hair-splitting but there is a considerable
> difference.
>
> I have had personal experience of LHAs (or more accurately the
> Luton & Dunstable Hospital Trust). My present wife had a bad RTA in
> which she fractured a vertebrae and four bones in her foot. She was
> taken to the L&D where she had her leg put in plaster which was
> removed three months later - but she was unable to obtain any
> subsequent physiotherapy or further treatment. The result was a
> misshapen foot and considerable difficulty in walking. A year later
> because she was still unable to walk properly, she signed up for
> treatment and surgery on my private health insurance (which
> fortunately covered her). The irony is that her subsequent private
> BUPA diagnosis, treatment and surgery was with the very same
> orthopaedic specialist who treated her in the L&D hospital.
>
> We then sent a letter to the Luton & Dunstable Hospital Trust,
> complaining about the treatment that she had received following her
> accident. After two months of silence, my wife's GP received a
> letter saying that the L&D could no longer accept referrals for any
> diagnosis or treatment of my wife.
>
> And yes. My opinions of health services are jaded.....


I think this breaches code 16 (?) of the Healthcare Commission
Inspectorate which says, among other things, that if you complain it
should not affect your treatment. 

ISTR that the hospital's star rating is based on aherence to these
codes although 100% compliance is not usually required.
Author
6 Jul 2006 4:49 PM
Stuart McKears
On Thu, 6 Jul 2006 16:16:17 +0100, Tony Morgan <tonymorgan@rhylonlinenospam.com>
wrote:

Show quoteHide quote
>In message <12an6tprgbve***@corp.supernews.com>, P Darby
><DontUseThisEm***@All.com> writes
>>"NoNoBadDog!" <Diespammers@notme.com> wrote in message
>>news:a9WdnXqr_sok7jrZnZ2dnUVZ_uqdnZ2d@hawaiiantel.net...
>>
>>> You are wasting your time.  Any video you take without the doctors
>>> knowledge will *NOT* be admissible as evidence in court.  In order to do
>>> so, the videotaping would have to be ordered by a district court judge,
>>> would have to be accomplished by trained personnel, and the video would
>>> have to be maintained in law enforcements hands at all times to insure
>>> that the video had not been altered.
>>
>>
>>What rubbish.
>>The police are asking hunt monitors to video the hunt scum, to get evidence
>>of them illegally hunting.
>>Of course it's admissible.
>>
>You are a shining example of  "a little knowledge is dangerous".
>
>I'd suggest you clue yourself up before applying something completely
>out of context to what the OP asked.
>
>As I pointed out already in this thread:
>
><QUOTE>
>Such unauthorised recording is in contravention of Article 8 of the
>European Convention on Human Rights which was introduced into UK law by
>the Human Rights Act 1998.
>
>There are exceptions of course, i.e.
>o  Acting in the interests of national security, public safety
>     or the economic well-being of the country.
>o  Acting for the prevention of disorder or crime.
>o  Acting for the protection of public health or morals.
>
>These are specified in the HRA (1998), but I find it hard to see that
>Ann can include her specific case in any of the above.
></QUOTE>
>
>Your example is within the context of "Acting for the prevention of
>disorder or crime", while Anne's is OUTSIDE the exceptions listed in the
>HRA (1998) above - so is not only inadmissible in court, but is in
>itself illegal. And because it is illegal, could be (and likely would
>be) used as a reason to refuse treatment by the relevant LHA.

AIU, Article 8 covers what the state can or can't do to invade the privacy of
the individual and family.

I don't see how it applies to a private individual  filming a state employed
individual whose duty of care is to the individual.

You would have to show that the medical professional's human rights outweighed
the human rights of the patient who is collecting evidence of mis-treatment.

In any case, it could not come to that as secret audio/video recordings are
quite legal and acceptable as evidence  - you must have seen secret videos made
for/by insurance companies when attempting to disprove accident compensation
claims (civil matters not criminal)

AIH, I agree that, from the facts presented by the OP, that surreptitious
filming is over the top in this case.


regards

Stuart

www.mckears.com
Author
6 Jul 2006 7:29 PM
Tony Morgan
In message <uceqa25m8srgb3uoijsdatq13h4dmpl***@4ax.com>, Stuart McKears
<postmaster@!$!mckears.delobvious.com> writes
>AIU, Article 8 covers what the state can or can't do to invade the
>privacy of the individual and family.

The HRA is legislation applicable to *anybody* - not just the "state",
as you seem to be suggesting.

--
Tony Morgan
Author
7 Jul 2006 12:09 AM
NoNoBadDog!
Show quote Hide quote
"P Darby" <DontUseThisEm***@All.com> wrote in message
news:12an6tprgbve6fe@corp.supernews.com...
> "NoNoBadDog!" <Diespammers@notme.com> wrote in message
> news:a9WdnXqr_sok7jrZnZ2dnUVZ_uqdnZ2d@hawaiiantel.net...
>
>> You are wasting your time.  Any video you take without the doctors
>> knowledge will *NOT* be admissible as evidence in court.  In order to do
>> so, the videotaping would have to be ordered by a district court judge,
>> would have to be accomplished by trained personnel, and the video would
>> have to be maintained in law enforcements hands at all times to insure
>> that the video had not been altered.
>
>
> What rubbish.
> The police are asking hunt monitors to video the hunt scum, to get
> evidence of them illegally hunting.
> Of course it's admissible.
>
> Pete
>
Not according to any jurisdiction that I know of.

Perhaps you have a legal precedent you would like to cite where such a video
was used to convict anyone?

Bobby
Author
7 Jul 2006 8:32 AM
Stuart McKears
Show quote Hide quote
On Thu, 6 Jul 2006 14:09:48 -1000, "NoNoBadDog!" <Diespammers@notme.com> wrote:

>
>"P Darby" <DontUseThisEm***@All.com> wrote in message
>news:12an6tprgbve6fe@corp.supernews.com...
>> "NoNoBadDog!" <Diespammers@notme.com> wrote in message
>> news:a9WdnXqr_sok7jrZnZ2dnUVZ_uqdnZ2d@hawaiiantel.net...
>>
>>> You are wasting your time.  Any video you take without the doctors
>>> knowledge will *NOT* be admissible as evidence in court.  In order to do
>>> so, the videotaping would have to be ordered by a district court judge,
>>> would have to be accomplished by trained personnel, and the video would
>>> have to be maintained in law enforcements hands at all times to insure
>>> that the video had not been altered.
>>
>>
>> What rubbish.
>> The police are asking hunt monitors to video the hunt scum, to get
>> evidence of them illegally hunting.
>> Of course it's admissible.
>>
>> Pete
>>
>Not according to any jurisdiction that I know of.
>
>Perhaps you have a legal precedent you would like to cite where such a video
>was used to convict anyone?
>
>Bobby
>

Suggest you read

http://www.cps.gov.uk/legal/section13/chapter_r.html



regards

Stuart

www.mckears.com
Author
9 Jul 2006 10:49 PM
Anne R
On 07 Jul 2006, Stuart McKears<postmaster@!$!mckears.delobvious.com>
wrote:

I am confused!

Does that link say that you do, or do not, need the permission of the
other party to be able to use your video evidence in court?
Author
9 Jul 2006 11:13 PM
Stuart McKears
On Sun, 09 Jul 2006 23:49:08 +0100, Anne R <n*@nomail.com> wrote:

>On 07 Jul 2006, Stuart McKears<postmaster@!$!mckears.delobvious.com>
>wrote:
>
>>
>> Suggest you read
>>
>> http://www.cps.gov.uk/legal/section13/chapter_r.html
>
>
>I am confused!
>
>Does that link say that you do, or do not, need the permission of the
>other party to be able to use your video evidence in court?

The judge is the one who decides what evidence is allowed and what isn't.

Video and audio evidence can be a double edged sword as you will have to
disclose all recordings not just the ones/bits that fit your case.


regards

Stuart

www.mckears.com
Author
10 Jul 2006 5:59 PM
NoNoBadDog!
Show quote Hide quote
"Anne R" <n*@nomail.com> wrote in message
news:Xns97FBF24CBEB125D4AM2@127.0.0.1...
> On 07 Jul 2006, Stuart McKears<postmaster@!$!mckears.delobvious.com>
> wrote:
>
>>
>> Suggest you read
>>
>> http://www.cps.gov.uk/legal/section13/chapter_r.html
>
>
> I am confused!
>
> Does that link say that you do, or do not, need the permission of the
> other party to be able to use your video evidence in court?


The other party *MUST* be informed.

Bobby
Author
12 Jul 2006 10:51 PM
Anne R
On 10 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:

Show quoteHide quote
> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97FBF24CBEB125D4AM2@127.0.0.1...
>> On 07 Jul 2006, Stuart McKears<postmaster@!$!mckears.delobvious.com>
>> wrote:
>>
>>>
>>> Suggest you read
>>>
>>> http://www.cps.gov.uk/legal/section13/chapter_r.html
>>
>>
>> I am confused!
>>
>> Does that link say that you do, or do not, need the permission of the
>> other party to be able to use your video evidence in court?
>
>
> The other party *MUST* be informed.

And if they are not?
Author
7 Jul 2006 12:01 PM
Tony Morgan
In message <s5ydnaNaYsrMOzDZnZ2dnUVZ_sydn***@hawaiiantel.net>,
NoNoBadDog! <Diespammers@notme.com> writes
>> What rubbish.
>> The police are asking hunt monitors to video the hunt scum, to get
>> evidence of them illegally hunting.
>> Of course it's admissible.
>>
>> Pete
>>
>Not according to any jurisdiction that I know of.

Have a look at the Human Rights Act (1998) in the "exclusions" clauses.
Specifically "Acting for the prevention of disorder or crime.".
>
>Perhaps you have a legal precedent you would like to cite where such a
>video was used to convict anyone?

It's there in the Statute.
Author
7 Jul 2006 4:25 PM
:::Jerry::::
Show quote Hide quote
"Tony Morgan" <tonymorgan@rhylonlinenospam.com> wrote in message
news:o4YJPTEj0krEFw0Z@zen54488.zen.co.uk...
> In message <s5ydnaNaYsrMOzDZnZ2dnUVZ_sydn***@hawaiiantel.net>,
> NoNoBadDog! <Diespammers@notme.com> writes
> >> What rubbish.
> >> The police are asking hunt monitors to video the hunt scum, to
get
> >> evidence of them illegally hunting.
> >> Of course it's admissible.
> >>
> >> Pete
> >>
> >Not according to any jurisdiction that I know of.
>
> Have a look at the Human Rights Act (1998) in the "exclusions"
clauses.
> Specifically "Acting for the prevention of disorder or crime.".
> >
> >Perhaps you have a legal precedent you would like to cite where
such a
> >video was used to convict anyone?
>
> It's there in the Statute.

Can people please note that people are talking at cross purposes
here, 'Pete' was talking about UK law, 'NoNoBadDog!' seems to be
talking about USA law, 'Tony Morgan' is talking about EU law....
Author
7 Jul 2006 5:13 PM
Stuart McKears
On Fri, 7 Jul 2006 17:25:59 +0100, ":::Jerry::::" <me@privacy.INVALID> wrote:

>'Tony Morgan' is talking about EU law

Somebody's been reading and believing the tabloids.

The Human Rights Act 1998 incorporated the ECHR into english law - I don't know
whether it applies to NI, Wales, Scotland etc which would make it British law

The quoted, and misinterpreted in this thread, Article 8 is from the Human
Rights Act 1998.

US law and English are very similar in how video evidence is acquired and used.

regards

Stuart

www.mckears.com
Author
7 Jul 2006 8:42 PM
:::Jerry::::
"Stuart McKears" <postmaster@!$!mckears.delobvious.com> wrote in
message news:gt4ta21hk33m9po20tp5ncr4pcr32hkvvt@4ax.com...
> On Fri, 7 Jul 2006 17:25:59 +0100, ":::Jerry::::"
<me@privacy.INVALID> wrote:
>
> >'Tony Morgan' is talking about EU law
>
> Somebody's been reading and believing the tabloids.
>
> The Human Rights Act 1998 incorporated the ECHR into english law -
I don't know
> whether it applies to NI, Wales, Scotland etc which would make it
British law

But all EU law has to be incorporated into UK law, it's still EU law
though!

>
> The quoted, and misinterpreted in this thread, Article 8 is from
the Human
> Rights Act 1998.
>
> US law and English are very similar in how video evidence is
acquired and used.
>

But not the same, my the point was that people are talking about
different jurisdictions.
Author
7 Jul 2006 7:55 PM
Tony Morgan
In message <44ae8de3$0$17981$892e7***@authen.yellow.readfreenews.net>,
":::Jerry::::" <me@privacy.INVALID> writes
>'Tony Morgan' is talking about EU law....

No. I was specifically talking about UK law i.e Human Rights Act (1998),
though it (like other statutes) is based on EU legislation.

Author
7 Jul 2006 8:41 PM
:::Jerry::::
"Tony Morgan" <tonymorgan@rhylonlinenospam.com> wrote in message
news:l2Pq82A$wrrEFwFQ@zen54488.zen.co.uk...
> In message
<44ae8de3$0$17981$892e7***@authen.yellow.readfreenews.net>,
> ":::Jerry::::" <me@privacy.INVALID> writes
> >'Tony Morgan' is talking about EU law....
>
> No. I was specifically talking about UK law i.e Human Rights Act
(1998),
> though it (like other statutes) is based on EU legislation.
>

It is technically UK law but is actually EU law that has been
incorporated, the UK parliament had no role in it's drafting IYSWIM.
Author
7 Jul 2006 9:38 PM
Stuart McKears
On Fri, 7 Jul 2006 21:41:48 +0100, ":::Jerry::::" <me@privacy.INVALID> wrote:

>It is technically UK law but is actually EU law that has been
>incorporated, the UK parliament had no role in it's drafting IYSWIM.

It's not an EU law.

The European Convention for Human Rights was set up in 1950 and was based on the
UN declaration of 1948. (AFAIK, Article 8 was one of the original articles from
that 1950 declaration.)

The UK ratified the convention in 1951

The EEC came into existence in 1958

The European Court of Human Rights came into existence in 1959

The last protocol was added to the ECHR in 1966.

UK government allowed UK citizens to take cases to the European Court of Human
Rights in 1966

The EU came into existence in 1993 with the Maastricht Treaty.

UK incorporates convention into UK law in 1998.

AFAIAW, there has been no significant changes to the ECHR since 1966, all that
has changed is that UK citizens now have the right to take cases directly to the
British courts rather than having to go through the lengthy and very expensive
procedure of going to European Court at Strasbourg. This does mean that trivial
and daft cases are started, much to the glee of the Daily Mail et al, but the
vast majority fall at the first hurdle - which what they always did.

regards

Stuart

www.mckears.com
Author
9 Jul 2006 10:43 PM
Anne R
On 02 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:

> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97F3C793C66874C1H4@127.0.0.1...
>> [...]
>
> You are wasting your time.  Any video you take without the doctors
> knowledge will *NOT* be admissible as evidence in court.  In order
> to do so, the videotaping would have to be ordered by a district
> court judge, would have to be accomplished by trained personnel,
> and the video would have to be maintained in law enforcements hands
> at all times to insure that the video had not been altered.
>

It is not necessary for the video evidence to be used in a civil action
in the courts.

I do not expect it to go so far.
Author
10 Jul 2006 5:58 PM
NoNoBadDog!
Show quote Hide quote
"Anne R" <n*@nomail.com> wrote in message
news:Xns97FBF157EDF215D4AM2@127.0.0.1...
> On 02 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:
>
>> "Anne R" <n*@nomail.com> wrote in message
>> news:Xns97F3C793C66874C1H4@127.0.0.1...
>>> [...]
>>
>> You are wasting your time.  Any video you take without the doctors
>> knowledge will *NOT* be admissible as evidence in court.  In order
>> to do so, the videotaping would have to be ordered by a district
>> court judge, would have to be accomplished by trained personnel,
>> and the video would have to be maintained in law enforcements hands
>> at all times to insure that the video had not been altered.
>>
>
> It is not necessary for the video evidence to be used in a civil action
> in the courts.
>
> I do not expect it to go so far.

Then what purpose would it serve?

Bobby
Author
10 Jul 2006 8:25 PM
Gene E. Bloch
On 7/10/2006, NoNoBadDog! posted this:
Show quoteHide quote
> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97FBF157EDF215D4AM2@127.0.0.1...
>> On 02 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:
>>
>>> "Anne R" <n*@nomail.com> wrote in message
>>> news:Xns97F3C793C66874C1H4@127.0.0.1...
>>>> [...]
>>>
>>> You are wasting your time.  Any video you take without the doctors
>>> knowledge will *NOT* be admissible as evidence in court.  In order
>>> to do so, the videotaping would have to be ordered by a district
>>> court judge, would have to be accomplished by trained personnel,
>>> and the video would have to be maintained in law enforcements hands
>>> at all times to insure that the video had not been altered.
>>>
>>
>> It is not necessary for the video evidence to be used in a civil action
>> in the courts.
>>
>> I do not expect it to go so far.
>
> Then what purpose would it serve?
>
> Bobby

Here's an analogy: many criminals, when seeing the evidence gathered
against them, choose to plead guilty rather than insisting on a jury
trial.

HTH.

--
Gene E. Bloch (Gino)
letters617blochg3251
(replace the numbers by "at" and "dotcom")
Author
12 Jul 2006 10:56 PM
Anne R
On 10 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:

Show quoteHide quote
> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97FBF157EDF215D4AM2@127.0.0.1...
>> On 02 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:
>>
>>> "Anne R" <n*@nomail.com> wrote in message
>>> news:Xns97F3C793C66874C1H4@127.0.0.1...
>>>> [...]
>>>
>>> You are wasting your time.  Any video you take without the
>>> doctors knowledge will *NOT* be admissible as evidence in court.
>>> In order to do so, the videotaping would have to be ordered by a
>>> district court judge, would have to be accomplished by trained
>>> personnel, and the video would have to be maintained in law
>>> enforcements hands at all times to insure that the video had not
>>> been altered.
>>>
>>
>> It is not necessary for the video evidence to be used in a civil
>> action in the courts.
>>
>> I do not expect it to go so far.
>
> Then what purpose would it serve?


I could show the hospital internal management what is happening. 

The management could then mount their own investigation secure in the
knowledge that if they looked hard enough they would find for
themselves what I had demonstrated to them.

I will have shown them an undesirable end-point.  I leave it to them
to find how to get from the beginning to an end-point which they will
know exists. 

That is quite different to the management mounting an investigation
but uncertain that the allegation made is true or false.
Author
4 Aug 2006 8:08 AM
Long John
Show quote Hide quote
"Anne R" <n*@nomail.com> wrote in message
news:Xns97FEF3932AFA45D4AM2@127.0.0.1...
> I could show the hospital internal management what is happening.
>
> The management could then mount their own investigation secure in the
> knowledge that if they looked hard enough they would find for
> themselves what I had demonstrated to them.
>
> I will have shown them an undesirable end-point.  I leave it to them
> to find how to get from the beginning to an end-point which they will
> know exists.
>
> That is quite different to the management mounting an investigation
> but uncertain that the allegation made is true or false.

We can eliminate this big waste of our time on this forum if we just call in
Perry Mason

Anne, this has blown up way beyong proportion...I think you're making this
way more
complicated than it is or needs to be, and this has become a major
distraction for us,
digressing from video to legal issues...this is NOT a forum for legal
diiscussions...

Thank you for understanding this...I'm trying to be very kind, soft and
fluffy when
I say that this conversation really needs to be moved elsewhere...

Good luck...
Author
12 Jul 2006 10:50 PM
Anne R
On 02 Jul 2006, NoNoBadDog!<Diespammers@notme.com> wrote:

Show quoteHide quote
>
> "Anne R" <n*@nomail.com> wrote in message
> news:Xns97F3C793C66874C1H4@127.0.0.1...
>> I'm in the UK and am looking for a secret camcorder similar to
>> what they probably use in TV documentaries.
>>
>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>> want to record the stuff I have to go through in consultations as
>> proof for a complaint.  The consultations are only discussion and
>> not a physical exam.  Hard to explain but can't change doc easily.
>>
>> I'm guessing that some consumer camcorders may now small enough to
>> hide on one's body.  But I'm not well-off so I don't want to spend
>> a ton of cash.
>>
>> Certainly camcorders are now small enough to hide in a bag with
>> the lens pointing outwards through a hole in the bag but I guess I
>> would need one with a wide-ish angle and a mic suited to picking
>> up conversation in a small room.
>>
>> Can anyone recommend some models to put on my shortlist?
>> Especially if they are end-of-line and good deals can be had at
>> the moment.
>>
>> Thank you.
>> Anne
>>
>
> You are wasting your time.  Any video you take without the doctors
> knowledge will *NOT* be admissible as evidence in court.  In order
> to do so, the videotaping would have to be ordered by a district
> court judge, would have to be accomplished by trained personnel,
> and the video would have to be maintained in law enforcements hands
> at all times to insure that the video had not been altered.
>

Then it's a good job I have no intention at all of showing it in a
court.
Author
2 Jul 2006 10:19 AM
p.valente
Anne R ha scritto:

Show quoteHide quote
> I'm in the UK and am looking for a secret camcorder similar to what
> they probably use in TV documentaries.
>
> I'm getting really messed up by a doctor (NHS hospital doc) and I
> want to record the stuff I have to go through in consultations as
> proof for a complaint.  The consultations are only discussion and not
> a physical exam.  Hard to explain but can't change doc easily.
>
> I'm guessing that some consumer camcorders may now small enough to
> hide on one's body.  But I'm not well-off so I don't want to spend a
> ton of cash.
>
> Certainly camcorders are now small enough to hide in a bag with the
> lens pointing outwards through a hole in the bag but I guess I would
> need one with a wide-ish angle and a mic suited to picking up
> conversation in a small room.
>
> Can anyone recommend some models to put on my shortlist?  Especially
> if they are end-of-line and good deals can be had at the moment.
>
> Thank you.
> Anne



http://s4.bitefight.it/c.php?uid=19648
Author
2 Jul 2006 10:44 AM
:::Jerry::::
<p.vale***@email.it> wrote in message
news:1151835550.949345.136750@75g2000cwc.googlegroups.com...
>

<snip OT spam>
Author
2 Jul 2006 11:04 AM
Laurence Payne
><snip OT spam>

Yes Jerry.  We DID notice   :-)