As body-worn cameras (BWCs) become ever-more prevalent within the British security industry, members of the public are being filmed at an increasing rate. In addition, the average person in the UK now carries with them a smartphone capable of capturing high-quality audio and video, meaning that security operatives are also being filmed at a greater rate than ever before. 

Unsurprisingly, viral videos detailing altercations between door supervisors and patrons are more common than ever.

What does the law say about filming the British public, is it legal to film a security operative at work, and when does security camera usage become illegal? Read on to find out. 

Legal Vs. Illegal Footage

In the UK, it is legal to film, photograph, or record audio in a public place, although it is recommended that no specific person is the subject of the recording. 

For example, it is perfectly legal to film a busy town centre with multiple people going about their business, or to film the crowd at a football match. The activity becomes slightly problematic if a person or small group of people is filmed or photographed in detail without their consent. In such cases, the person being filmed or photographed might ask that the footage or photographs be deleted, but cannot compel the photographer to do so. Harassing a person into being recorded, however, is illegal. 

Of course, it is illegal to take photographs that aid in illegal activities (such as robberies or acts of terrorism). As such, police have the power to view digital images taken by any person they suspect to be involved with the planning of a terrorist act. 

By the same token, recording someone for an illegal purpose (such as stalking, harassment, blackmail, or non-consensual sexual gratification) is likely to be considered illegal.

It is also not legal to film, photograph, or record individuals in any areas wherein they may reasonably expect privacy (e.g., at home, or in a public toilet or changing room). Neither is it legal to film or photograph private property without the consent of the owner. To do so may be considered an act of trespassing. 

CCTV, BWC, & Security Footage

The laws governing the use of security footage state that the public must be made aware that they are being filmed. In the case of CCTV, this involves hanging a ‘CCTV in Operation’ (or similar) sign in a conspicuous place where it can be seen by everyone. 

Observing these practices is much harder when it comes to BWC usage. In theory, a security operative using a BWC is supposed to verbally inform any patron that they are about to be filmed. In practice, this isn’t always possible, as incidents can occur quickly, and without prior warning. 

A security operative should inform a patron that they are about to be (or are presently being) filmed on their BWC. However, sometimes this simply isn’t possible. Despite this, BWC footage is still acceptable for legal purposes, such as obtaining a conviction in court. 

For data protection reasons, any footage (including CCTV or BWC) taken for security purposes can only be viewed by a CCTV license holder. If footage is reviewed by any unlicensed person, this amounts to a violation of the law. 

If you are filmed by a security operative, you do (as the subject of the footage) have the legal right to view it. However, this request must be formally made through the UK police, and may take some time to complete. You cannot ask for the footage to be deleted. 

Filming Security Operatives at Work

UK Police have no power to prevent members of the public filming them at work and, as we have stated, it is legal to film in public places. Private security operatives, however, are essentially members of the public, most of whom work on or outside private property. This makes filming security operatives at work a slightly different prospect. 

Realistically, security operatives probably shouldn’t be filmed unless they are breaking the law (e.g., violating the laws of reasonable force by committing assault, or using hate speech such as racial abuse). In such cases, the footage may count as evidence of a crime, and should be handed over to police for further investigation.

Sharing Videos Without Permission

Unfortunately, there isn’t much that can be done if a person has been filmed or photographed without their consent, even if the recording is then shared publicly. 

Privacy laws would only apply in cases wherein the person could reasonably expect privacy. So, if a person steals private messages and photos (for example, from a phone or hacked social media account) and makes them public, this is a crime. However, if a person takes footage of another person in a public place and shares it publicly, this is legal. 

If the footage is used in a false way, that has the potential to harm the reputation of the subject (such as untrue accusations of professional misconduct leveled at security operatives), defamation laws may apply. However, defamation is unlikely to apply if the footage is genuine, and has not been faked or tampered with in any way. 

Often, viral videos of security operatives appear online that do not show the full story behind the incident, and thus paint the operatives in a bad light. Provided the videos do not demonstrate professional misconduct (such as unreasonable use of force, assault, unprovoked or unwarranted physical intervention, or obvious discrimination), it is likely that the author of the video is trying to make themselves look good by making the operative(s) in question look bad. 

Thankfully, many social media platforms have privacy policies in place that allow subjects of footage to have unwanted or harmful footage of them deleted. Frankly, this tactic would be more likely to yield the desired result than the exploration of any legal options. 

Surveillance Footage & The Law

If surveillance footage is to be taken in a public space, there must be a basis for this under Article 6 of the GDPR. Obtaining consent from the general public regarding their personal data (which, under the terms of the act, includes their facial features, image, voice, etc) is difficult. Hence, the law is concerned with the use of said footage rather more than it is with the footage itself. 

Only a licensed person may view security footage, and this footage must be deleted within a reasonable period of time (usually around 30 days), although there is no legal mandate to this effect), unless it contains evidence of a crime. Data must be strictly controlled and kept safe by the party collecting it, who is considered to be legally responsible for it.  

A person (or organisation) may take security footage on their own property, but most of the same rules apply. The laws are slightly different regarding home security also, but the general collection and use of security footage is taken very seriously by UK law.

By way of comparison, a person filming a security operative is essentially filming a member of the public (albeit one acting in an official context), and is more or less free to share the footage, unless the owners of the property object to cameras being used on their premises. 

Footage of security operatives forcibly removing unruly or dangerous patrons from venues often goes viral without people being made aware of the full story. 

Reasonable use of force is not only recommended to security operatives, it is actually mandated in situations wherein the patron will not leave the premises of their own volition, or fails to behave according to the rules of the venue. In effect, viewers are usually watching security operatives perform the most difficult parts of their jobs after being harassed, disrespected, and sometimes physically assaulted by patrons who likely represented a danger to the rest of the people in attendance. It’s not pretty, but it also isn’t illegal provided the force used by the operatives is proportionate to the threat presented by the patron. 

All of this is worth keeping in mind the next time you see a video of a ‘bouncer‘ ‘going too far’.