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Illegal to take a photo in a shopping centre?

Kyrall (1840136) writes | more than 2 years ago

Privacy 3

Kyrall (1840136) writes "A man was questioned by security guards and then police after taking a photo of his own child in a shopping centre.

The centre apparently has a 'no photography' policy "to protect the privacy of staff and shoppers and to have a legitimate opportunity to challenge suspicious behaviour"

He was told by a security guard that taking a photo was illegal. He also said that a police officer claimed "he was within in his rights to confiscate the mobile phone on which the photos were taken"."

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3 comments

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Just say "NO" (1)

JWSmythe (446288) | more than 2 years ago | (#37670156)

    First, I am not a lawyer. What I say below may or may not be correct in your jurisdiction. Consult with an attorney for clarification.

    Security guards have absolutely no law enforcement powers.

    They cannot detain you. They cannot seize your property from you. They cannot touch you, especially if you have told them not to.

    Security guards *DO* think they have law enforcement powers. They will talk shit, and act like they can arrest you. If they touch you, make sure there are witnesses who will testify on your behalf.

    Now, if you *have* done something illegal, such as shoplifting, they can detain you as a citizens arrest.

    Now, is it "illegal" to take photographs in public? Probably not. Check with your attorney.

    It may be against the malls rules. They frequently have them posted somewhere, but you may or may not have seen them, or read them. It's usually on the list with "no skateboarding", "no loitering in groups", and a whole slew of other silly rules. You do have to obey those rules though. The only action that can be taken against you is that they request you to leave the property. If you refuse, they *can* call law enforcement, and have you charged with trespassing.

    I find it best to simply ignore them, stop doing whatever may be bothering them, and go about my business.

    In the event that they do touch you, say calmly and firmly, "Sir/Ma'am, do not touch me.". If they continue to touch you, you can have them charged with battery. Again, consult with your attorney.

Re:Just say "NO" (1)

mlauzon (818714) | more than 2 years ago | (#37670328)

Actually, here in Canada security guards can arrest you, it's in the Criminal Code of Canada, however, it is actually still a Citizen's Arrest, but surprisenly, you must still tell the person you're arresting his/her rights!

Yes and No (0)

Anonymous Coward | more than 2 years ago | (#37672766)

I am not a lawyer but I have researched this. Yes, private property, they can enforce a no photo policy. They can ask you to leave if you take a picture. If you refuse then they can call the policy and issue a trespass warning. They do not have the right to confiscate anything. Your right to stop them is not so cut and dry.
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