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Yes, that is correct.  The underlying issue though is that Councils will default to the negative by custom and practice.  For the most part, government is reactive ie forbidding what it does not allow.  Rather than proactive, permitting what is not forbidden.  Moreover, the Councils will likely have standing orders around their meetings to set out, in line with 100A (7), that filming or telephone calls are not permitted.

There is a hilarious vignette in the book by Chris Foote Wood and Olive Brown http://www.amazon.co.uk/Tales-Council-Chamber-Real-life-Anecdotes/dp/product-description/0955386969

Where a Council was listening to a portable radio (the cutting edge technology during the day) during a council meeting.  Sunderland scored against Newcastle and the Council jumped from his seat with a shout.  Needless to say the Chairman brought the meeting to order and the Councillor was reminded of the 1972 Act. :)

Best,

Lawrence


From: Baines, Jonathan [mailto:[log in to unmask]]
Sent: 14 June 2011 11:08
To: Lawrence Serewicz; [log in to unmask]
Subject: RE: [data-protection] woman arrested for filming council meeting

True, but that's a negative provision, saying "nothing...shall *require*...a council to permit" filming etc. It doesn't positively prohibit it.


Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681

________________________________
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: Tuesday 14 June 2011 11:05
To: [log in to unmask]
Subject: Re: [data-protection] woman arrested for filming council meeting
Dear All,
There is something in the local government Act 1972  100A (7) covers this issue.
(7)Nothing in this section shall require a principal council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

http://www.legislation.gov.uk/ukpga/1972/70/section/100A

as modified by Local Government (Access to Information) Act 1985

http://www.legislation.gov.uk/ukpga/1985/43/section/1

I think that technology will lead to changes.

Best,

Lawrence


From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 14 June 2011 10:51
To: [log in to unmask]
Subject: [data-protection] woman arrested for filming council meeting


http://www.newstatesman.com/blogs/david-allen-green/2011/06/public-council-police-thompson

Does the law (DPA, HRA or other) prevent a citizen filming council meetings?

Discuss

Regards

Ibrahim Hasan
Solicitor and Director
Act Now Training Limited

www.actnow.org.uk<http://www.actnow.org.uk>
www.informationlaw.org.uk
http://twitter.com/ActNowTraining







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