I think there should be no problem if the LA wish to include the photos provided
they own the copyright in the photo or have the permission of the copyright
owner. As the photographer was standing in a public place he could photograph
anything in sight without needing to obtain the permission of the property
owner. A would be burglar doing research on a prospect could legally stand on
the same public spot with a telephoto lens and photograph every visible window
catch and door lock if they wanted.
Ken Roberts
Cardiff University
>>> Dik Allison <[log in to unmask]> 30 June 2004 11:45:17 >>>
We are performing an FOI audit for a local authority in England. They have
raised an issue regarding photos of listed buildings at risk. These photos
are all taken from a public highway or public footpath and show the
existing state of the building to act as evidence if any unauthorised
alterations are made.
The authority want to publish the photos as part of the publication
scheme, but have met strong resistance from the building owners, who are
concerned about security issues - potential for break-ins etc.
The authority have consulted their own legal department and English
Heritage and have not got an answer from either.
Has anyone come across this issue and if so what was the decision? My own
opinion is that they may be exempt under s38 - 'Health & Safety' - i.e.
not publishing anything that may endanger the health and safety of an
individual. This section is conditional, so it may not be cut and dried.
Dik Allison
4th Resource Consultancy Ltd
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