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Posted by Anne R on 10/05/45 11:52
On 02 Jul 2006, Tony Morgan<tonymorgan@rhylonlinenospam.com> wrote:
>>A, what you are proposing to do is probably [1] very close to being
>>illegal (before TV companies use secret cameras they clear it with
>>their legal depts.), any evidence gained might not be admissible in
>>any form in legal, disciplinary and other proceedings whilst it
>>could lead to a claim against you. You will also need to spend more
>>than you will be able to afford I suspect - the pin hole camera
>>that you need can be bought cheaply BUT you then need a small
>>portable video recorder and this will set you back around a 1000
>>USD / GBP.
>>
> You're quite right Jerry. Such unauthorised recording is in
> contravention of Article 8 of the European Convention on Human
> Rights which was introduced into UK law by the Human Rights Act
> 1998.
>
> There are exceptions of course, i.e.
> o Acting in the interests of national security, public safety
> or the economic well-being of the country.
> o Acting for the prevention of disorder or crime.
> o Acting for the protection of public health or morals.
>
> These are specified in the HRA (1998), but I find it hard to see
> that Ann can include her specific case in any of the above.
>
> Because of this, if it were discovered that Ann had made such
> unauthorised recordings, she might have all care withdrawn from
> her, at least by the hospital, and likely by her local NHS trust.
>
> If she has a complaint about her diagnosis or treatment, she should
> make a formal complaint (in writing) to her LHA. That way she would
> not be dis-enfranchised from health care - irrespective of whether
> or not there was any outcome from her complaint. LHAs are
> particularly sensitive about formal complaints, since any outcome
> (whether or not in Ann's favour) could result in litigation (and
> the award of substantial damages) in years to come. So Ann is
> likely to have any issues quickly resolved.
Isn't article 8 saying that a public authority is not allowed to force
intself onto a member of the public. But in my case it is the other way
around.
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