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Posted by Anne R on 07/12/06 22:49
On 02 Jul 2006, Tony Morgan<tonymorgan@rhylonlinenospam.com> wrote:
> In message
> <44a6dab4$1$79787$892e7fe2@authen.yellow.readfreenews.net>,
> ":::Jerry::::" <me@privacy.INVALID> writes
>>
>>"Anne R" <no@nomail.com> wrote in message
>>news:Xns97F3C793C66874C1H4@127.0.0.1...
>>> I'm in the UK and am looking for a secret camcorder similar to
>>> what they probably use in TV documentaries.
>>>
>>> I'm getting really messed up by a doctor (NHS hospital doc) and I
>>> want to record the stuff I have to go through in consultations as
>>> proof for a complaint. The consultations are only discussion and
>>not
>>> a physical exam. Hard to explain but can't change doc easily.
>>>
>>
>><snip crap>
>>
>>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 unauthorised recordings, she might have all care withdrawn from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.
What if I am preventing a crime, which is what I believe I will be
doing?
Surely Article 8 applies to individuals and not to people working in
public institutions. The Freedom of Information Act makes this
distinction in permitting others to ask about all the workings of public
institutions except for private and personal matters.
http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm
A consultation given by an employee of a public institution would seem
to be something available under the FOIA (provided privacy of the
patient were observed). In the same way, it may be seen as possible to
record that consulatation.
Certainly if I were the patient I would most probably have access to the
records of the consultation under the Data Protection Act. Again, if I
make my own records and I do so electronically then I do not see that as
being a matter for prosecution.
I will add again ... I'm guessing that some consumer camcorders may now
small enough to hide on one's body. But I'm not well-off so I don't
want to spend a ton of cash.
Certainly camcorders are now small enough to hide in a bag with the lens
pointing outwards through a hole in the bag but I guess I would need one
with a wide-ish angle and a mic suited to picking up conversation in a
small room.
Can anyone recommend some models to put on my shortlist? Especially if
they are end-of-line and good deals can be had at the moment.
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