# photos in supermarket car parks



## ShadyBrady (25 Jun 2010)

Can you take a photo in a supermarket car park. Are the private areas and if so what does that mean re pictures. Can the subject object?


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## PaddyBloggit (25 Jun 2010)

If you're taking photos of friends/family it should be ok.

Now if you were photographing strangers or minors .... well  .... you'd be asking for trouble.


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## Pique318 (29 Jun 2010)

They are not private areas. If the public has access to them, then they are public areas.
Carparks are public areas. There is nothing to stop anyone taking a photo in public (thankfully!).
The subject can object all they like, but taking a photo is not illegal in a place like a carpark. In your own garden is a different story, as you have an expectation to privacy.


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## umpsty (29 Jun 2010)

What or who are you trying to photograph? Thankfully this is Ireland not China, so as long as any people being photographed have been asked, there should be no issue!

You're not a private detective are you : )


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## ShadyBrady (29 Jun 2010)

Pique318 said:


> They are not private areas.* If the public has access to them, then they are public areas.*
> Carparks are public areas. There is nothing to stop anyone taking a photo in public (thankfully!).
> The subject can object all they like, but taking a photo is not illegal in a place like a carpark. In your own garden is a different story, as you have an expectation to privacy.


Are you sure of that?


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## ShadyBrady (29 Jun 2010)

umpsty said:


> What or who are you trying to photograph? Thankfully this is Ireland not China, so as long as any people being photographed have been asked, there should be no issue!


if being in a public place allows one photograph them, they don't have to be asked. What I was trying to clarify is ifn there is a difference between a public and private car park. I think that when a car park is owned by a supermarket you are on their private space



> You're not a private detective are you : )


if i was i would have access to legal advice -  and would not have to ask on internet


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## Pique318 (30 Jun 2010)

ShadyBrady said:


> Are you sure of that?


Yes. I was involved in a minor collision in a business campus carpark. The entrance was controlled by swipe access cards out of hours, but was open as normal during office hours.
The accident investigator (an ex-Garda) told me that as the public had access to the area, whether it was privately owned or not, then it is classed as a public area.


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## ShadyBrady (30 Jun 2010)

Pique318 said:


> Yes. I was involved in a minor collision in a business campus carpark. The entrance was controlled by swipe access cards out of hours, but was open as normal during office hours.
> The accident investigator (an ex-Garda) told me that as the public had access to the area, whether it was privately owned or not, then it is classed as a public area.


ok thanks for clarifying


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## SparkRite (30 Jun 2010)

Just think about this for a moment............Everywhere you go nowadays, public or private areas, you are being filmed/photographed/videoed or otherwise recorded without your explicit permission.

Does that answer your question?


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## ShadyBrady (30 Jun 2010)

SparkRite said:


> Just think about this for a moment............Everywhere you go nowadays, public or private areas, you are being filmed/photographed/videoed or otherwise recorded without your explicit permission.
> 
> *Does that answer your question? *


no. there is a big difference between being filmed on cctv which  gives you legal rights under data protection and taking a photo of someone with a camera


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## Complainer (30 Jun 2010)

Pique318 said:


> Yes. I was involved in a minor collision in a business campus carpark. The entrance was controlled by swipe access cards out of hours, but was open as normal during office hours.
> The accident investigator (an ex-Garda) told me that as the public had access to the area, whether it was privately owned or not, then it is classed as a public area.


I wouldn't take everything that comes out of the mouth of current or past Gardai as legal gospel.


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## ShadyBrady (30 Jun 2010)

Complainer said:


> I wouldn't take everything that comes out of the mouth of current or past Gardai as legal gospel.


me neither


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## SparkRite (1 Jul 2010)

ShadyBrady said:


> no. there is a big difference between being filmed on cctv which  gives you legal rights under data protection and taking a photo of someone with a camera



Would you mind pointing out the "big difference" to me please?

Also what legal rights do you think you have under data protection from being filmed with CCTV. in a public area.

I doubt if all those people that appear on robbery/assault clips shown on various Tv progs, where the Gardai are appealing to the public to identify them are being extended any of the "legal rights" that you purport they should be entitled to.

As I said just stop and think about it for a mo, how many times have you seen photos in a newspaper or suchlike of a street scene and loads of clearly identifiable people in it? 

AFAIK if you are in a public area you are fair game to be photographed/videoed/recorded with no claim to those images. 

How do you think the Paparazzi survive??


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## ShadyBrady (1 Jul 2010)

SparkRite said:


> Would you mind pointing out the "big difference" to me please?


data protaction act applies to all images captured by cctv



> Also what legal rights do you think you have under data protection from being filmed with CCTV. in a public area


.any where you are captured on cctv you have rights under data protection google data protection commissioner



> I doubt if all those people that appear on robbery/assault clips shown on various Tv progs, where the Gardai are appealing to the public to identify them are being extended any of the "legal rights" that you purport they should be entitled to.


you would have to ask them i do not speak for them


> As I said just stop and think about it for a mo, how many times have you seen photos in a newspaper or suchlike of a street scene and loads of clearly identifiable people in it?


on a *public *street yes 


> AFAIK if you are in a *public* area you are fair game to be photographed/videoed/recorded with no claim to those images.


true but the issue is whether a supermarket car park park is a *private* car park and if a *private* car park is a *public* area in relation to taking pictures. i am not sure.See http://goireland.about.com/od/safetyinireland/qt/photo_law_irela.htm

In the issue covered in  my OP it would have been OK if i had gone out on the public road and taken the pic when the subject was out thereb as it was then in public AFAIK. But am not sure if one is in public in a supermarket carpark



> How do you think the Paparazzi survive?


no idea ask them


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## SparkRite (1 Jul 2010)

Quote:SparkRite....
                                                 How do you think the Paparazzi survive?                                 

Quote: ShadyBrady....
no idea ask them

I thought that was a fair point and quite relevant but I see that you prefer to be facetious, so I won't bother continuing.


As was stated earlier supermarket car parks are deemed to be public areas.

I don't know, you take the time to try and offer helpful advice............SIGH???


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## Leo (1 Jul 2010)

ShadyBrady said:


> any where you are captured on cctv you have rights under data protection google data protection commissioner


 
These limit of these rights extends to giving a person recorded by CCTV the right to request a copy of any captured image. The ownership of the image remains with the operator of the CCTV equipment. Recorded parties have no rights in determining what this data is used for.


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## markpb (1 Jul 2010)

ShadyBrady said:


> on a *public *street yes
> true but the issue is whether a supermarket car park park is a *private* car park and if a *private* car park is a *public* area in relation to taking pictures. i am not sure.



Car parks are public spaces as defined by the Road Traffic Acts which is probably where the Garda got his information. I'm not sure they're public spaces in relation to any other law though.


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## Leo (1 Jul 2010)

SparkRite said:


> ...but I see that you prefer to be facetious, so I won't bother continuing.
> 
> I don't know, you take the time to try and offer helpful advice............SIGH???


 
Good points....thread closed.


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