Social Media Auditors

There is a small but increasing number of reports within the United Kingdom involving individuals who attend premises and outside spaces, with the aim of capturing staff and property on camera, the content from which is often uploaded to social media and video platforms. They are referred to as Auditors as it's the term most associated with them online. Other terms include Social Media Auditors and Citizen Journalists.   

Is it illegal to record someone without their consent? 

It is generally not illegal to record someone in a public setting without their consent in the UK. 

Nor is it illegal to take photographs of someone in a public setting without their consent, even children. 

Recording someone with the intent to harass, intimidate, or stalk them can be illegal. The Police will be called if there are offences disclosed. 

Similarly, recording someone in a private setting where they have a reasonable expectation of privacy, may be considered intrusive and potentially illegal. The Police will be called if there are offences disclosed. 

Note: Organisations need to have a lawful basis under UK GDPR for photographing/filming an individual who can be identified. UK GDPR does not cover private individuals processing personal data for purely personal/domestic purposes.  

• Privacy rights in the UK are safeguarded by laws like the Human Rights Act 1998, UK GDPR and the Data Protection Act 2018. 
• These laws aim to stop others from meddling in someone’s PERSONAL life.
• These privacy laws apply when there is a “reasonable expectation of privacy.” 
• So, if someone hacks into your phone, takes your private pictures or videos, and shares them, OR, if you send a person intimate photos and they share them without your consent, then they are breaking the law.
• However, if someone records a video or snaps a photo of you on a bus or in a park (in other words, places where you might not expect much privacy) it’s often perfectly legal for them to do so and although you may be able to ask them to delete the videos, you can't compel them to.  

In legal terms within the UK drones of any size, even those that we may think of as toys, are considered aircraft and are subject to the rules contained within the Air Navigation Order (ANO) 2019. The ANO is enforced by the Civil Aviation Authority (CAA). 

The CAA has also provided detailed guidance regarding drones in the document CAP 722, Unmanned Aircraft System Operations in UK Airspace: Guidance and Policy. When flying a drone, the CAA ‘Drone and Model Aircraft Code’ must always be adhered to (https://register-drones.caa.co.uk/drone-code ) including the landowner permission must be obtained for take-off and landing areas, and for any areas to be overflown.

• N.B. The University does NOT permit recreational use of drones on its property by any person, be they staff, student, apprentice or visitor. There is “No Drone” signage on University Road and Giles Lane. • 
• Any commercial drone use must be pre-authorised by HSES Department. 
• The full University policy can be found at: https://livekentac.sharepoint.com/:w:/r/sites/hses/_layouts/15/Doc.aspx?sourcedoc=%7B3EC0F69E-3FC7-40F1-A54E4C4DEB7A6ADA%7D&file=Use%20of%20Drones%20Policy%20HSES%20015.docx&action=default&mobileredirect=true 

There are no laws prohibiting the taking of images or video from a public place – and that can include the airspace over or near buildings. Invasion of Privacy is not a criminal offence and is rarely a Police matter. 

Auditors may still commit offences when flying a drone over or near buildings plus over crowded spaces (regardless of drone size). The Police will be called if we believe offence(s) are being committed.