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Posted by Nigel Brooks on 07/13/06 16:29
"Anne R" <no@nomail.com> wrote in message
news:Xns97FEF2567CE65D4AM2@127.0.0.1...
> 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 unauthorised recordings, she might have all care withdrawn from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.
Try the Spy Shop on South Audley Street, just down from the US Embassy -
they probably have exactly what you need. It really doesn't seem like you
need a visual record of what is occurring, because your first post mentioned
only discussions.
A simple digital voice recorder would probably suffice for your purposes,
you can get them anywhere and there is no tape involved.
http://www.olympusamerica.com/cpg_section/cpg_vr_digitalrecorders.asp
--
Nigel Brooks
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