trishcuit's picture

trishcuit

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photographing children: legal ramifications

We live in a complex owned by a certain housing society. It is very well run. There is a common area with playgrounds and grass where the kids gather and play.  One neighbor who thinks she is the queen of all and rats out everyone for everything and sometimes embellishes a bit (she is a royal B.) to try and get people she does't like kicked out. The consensus among EVERYONE is "Don't trust "S" as far as you can throw her." Just so you know it's not just me being catty.  It is common knowledge.

ANYWAY...

we have a curfew for the kids. 9pm on weekends. WIth these long daylight hours and warm evenings sometimes the kids stay out later. I have just been informed that "S" has been taking pictures (from her window) I presume) of whomever's kids are still outside aftter  9pm and sending them to the manager.  This is a common area but privately owned. She did not ask our permission and is intending to use the photos against us. OK we KNOW they are breaching curfew a bit but they are not vandalizing and generally having fun being outside and being kids. That is not what this is about. It is about photography laws. 

Does anyone know enough about the law to know if we have a legal right to complain? This Miss really needs to be taken down a peg or two also. There's one in every crowd. 

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Motheroffive's picture

Motheroffive

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I feel for you, trishcuit. I used to live in a co-op where people were extremely legalistic about the playground - it was ridiculous. I lived on military bases for years and some of the folks at the co-op were infinitely more rigid in rule enforcement than anyone on the bases I lived on.

 

I have done a quick google on this and, while I don't consider this to be the definitive answer, it doesn't appear as though there is anything illegal being done. However, you do have the right to ask her to refrain from conducting any kind of behaviour that involves your children in their home.

 

Also, publication or distribution of the pictures is potentially a problem. Is she circulating them via email? That might be something to check into since you don't know where they're going after that.

InannaWhimsey's picture

InannaWhimsey

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*waits for qwerty...*

trishcuit's picture

trishcuit

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yeah I searched and searched. Couldn't find anything.  If we ask her in writing not to photograph our kids I wonder if that will hold up?

Barring that, there is the old lighting a paper bag of doggie doo on her doorstep trick.  (knock and run)  devil

chemgal's picture

chemgal

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Trishcuit, I'm no legal expert, but I think its legal.  Survelliance cameras are all over the place, although I think that there must be a sign informing you so.  I think there's also something protecting photographers if it's for art.

 

Hopefully things work out!  Maybe you can get a discussion going about extending the curfew to sunset for the summer?

Motheroffive's picture

Motheroffive

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Surveillance cameras are legal in public areas, that's true. This is not a public area but an extensive of your home, trishcuit.

 

Chemgal, that sunset thing was the exact nature of the problem in the co-op we lived in.

chemgal's picture

chemgal

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Actually, with it being a private area, it's probably easier to take pictures.  It's also an extention of the photographer's home.  My building has a camera at the front door.  I wasn't infomred about it, but found it just by flipping through channels one day (and now I have no clue when Shaw changed their channels around).  There is no warning there.

 

With so many rules, maybe the complex has rules about taking photos :)

Motheroffive's picture

Motheroffive

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No, but it may be included in a clause in your rental or lease agreement which is unlikely in trishcuit's case.

 

 

trishcuit's picture

trishcuit

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well Doggie 'do it is then.  wink

momsfruitcake's picture

momsfruitcake

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i would have a serious problem with someone photographing my children and then blackmailing me with them.  there are renter's tribunals, i had to contact them once when we were renting and i was having an issue.  maybe they can offer you some guidance.  i would also talk to your local authorities.  i honestly don't think you can just go around snapping pictures of children that aren't yours.  i know the school sends out permission slips at the beginning of the year asking permission to have our children photographed.  no permission, no pictures.

 

is it just the playground that has the curfew, or the entire complex.

 

as for a curfew, that seems excessive, especially if the children are in the care of adults.  during the school year my kids are in bed by 8:30 pm, but in the summer, 9:00 is tough.  not that we keep them up and out past this time often, but there are festivals and events that happen in our community, not to mention long walks to the ice cream parlour that may extend bedtime.

 

wow, that really sucks trishcuit.  please keep us posted.

crazyheart's picture

crazyheart

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Can the kids play if there are some parents monitoring after curfew

? Stupid rule. Summer IS for fun.

InannaWhimsey's picture

InannaWhimsey

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Perhaps this errant neighbour could be charged/investigated for child pornography?

 

Adult see taking pictures of kids not their own...anonymous phone call...

 

Just a thought from the evil part of me :3

trishcuit's picture

trishcuit

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as for a curfew, that seems excessive, especially if the children are in the care of adults.  during the school year my kids are in bed by 8:30 pm, but in the summer, 9:00 is tough.  not that we keep them up and out past this time often, but there are festivals and events that happen in our community, not to mention long walks to the ice cream parlour that may extend bedtime.

 

******

 

it is just on the complex grounds. They can't dictate our children leaving the complex after  hours.  They just don't want kids running around yelling at ten at night.

 

after further questioning into the matter it wasn't the after curfew thing after all.  It was one or two boys climbing the fence and hanging off the basketball hoop.  the nosy neighbor stood in the window and took pics of these boys climbing where they weren't supposed to. you would not believe how stories get twisted around here. Still the issue remains: taking pictures of our kids to prove they are breaking rules.

 

A couple of the women here are right vindictive bitches. Knowingly twist or exaggerate stories etc.

ninjafaery's picture

ninjafaery

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Note to self - do not stomp on a burning bag.

trishcuit's picture

trishcuit

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ninjafaery wrote:
Note to self - do not stomp on a burning bag.

 

You're a sharp one, you are!  wink

Tyson's picture

Tyson

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Not sure if it is illegal, but it certainly is creepy.

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