Rules for operational (hidden) photography

In mid-June, the Kurgan beauty contest turned into a scandal. The main contender for the crown was removed from the competition right before the final because the girl noticed a hidden camera in the locker room and demanded to remove it.

Instead, she was suspended from the competition. Ksenia Byvaltseva wrote a statement to the prosecutor's office. The action of the organizers can be regarded as a violation of privacy. Everything would be fine, but the main evidence - the video - disappeared without a trace, so, most likely, the case will end in nothing if the "nudity" does not pop up somewhere on the Internet.

Thanks to technological progress, "hidden" are miracles of miniaturization. The usual "pinhole" lens is only one and a half millimeters. The prices are no longer outrageous. Many retail outlets are literally littered with all kinds of devices, where cameras are installed in pens, lighters and other nonsense. The quality of performance and shooting is very low, but it works.

In Chinese online stores, you can already buy more serious equipment at reasonable prices. good camera in diopter glasses will cost five hundred dollars. Many motorists install DVRs on their cars. What can I say, you can “work as an operator” even with mobile phone in hand. Take it off - I don't want to. However, the issue here is very subtle. For example, you can “rattle” under Article 138 of the Criminal Code for “illegal acquisition of special technical means(including video cameras camouflaged as household items) designed to secretly obtain information.” Moreover, journalists, security officials and ordinary citizens have different rights.

"Cops" have long used operational filming. Recently, the traffic police have also equipped many cars with DVRs. Quite often police "chronicles" become property of the Network. So recently, for example, Tver traffic cops stopped a very drunk lady who had arranged a couple of accidents before that. During the arrest, the woman could not cope with the surging emotions and managed with a “light fright”. Video from the scene hit the Internet, and the main character gained some fame...

It would seem that there is an educational moment, but the publication of a video on YouTube is a direct violation of the law - Part 1 of Art. 152 of the Civil Code of the Russian Federation. “The publication and further use of the image of a citizen (including his photographs and videos) is allowed only with the consent of this citizen.” So if you post a recording from the scene of the accident, on which the registration number of the violator's car is visible, if he wants, he can sue you. “Of course, in practice, no one really follows this, since most people are indifferent to the violation of their rights, especially with regard to the Internet, they often do not want to spend time, effort and money on restoring their violated rights,” legal expert Elena told a correspondent in an interview. Prokofiev. “But if there is some “pretentious” young lady, or a citizen who will insist that the records be deleted (this often applies to “media and public” characters), then problems cannot be avoided if there is no appropriate consent for that.”

Covert filming, surveillance and eavesdropping are also described by the law “On Private Detective and Security Activities”. Moreover, in reality, everything that is usually associated with the activities of detectives who are sold to viewers on the series of the same name or the program "Marriage Fiction" that has sunk into oblivion is illegal. “According to paragraph 4 of Article 7 of the Law (Restrictions on the activities of a private detective), it is prohibited to make video and audio recording, photography and filming in office or other premises without the written consent of the relevant officials or individuals,” explained lawyer Roman Ostrovsky.

In the media, everything is somewhat simpler. “In accordance with paragraph 6 of Art. 47 of Law No. 2124-1, a journalist has the right to make recordings, including using audio and video equipment, film and photography, except as otherwise provided by law. And in accordance with Art. 48 of Law No. 2124-1, a journalist receives appropriate accreditation. That is, in fact, they can use the received records, depending on the receipt of accreditation by the editorial office, and with the exception of cases provided for by law, including information about the “private life” and “family secrets” of citizens who need to, as well as from public authorities, for example, with accreditation - again, take the appropriate consent for publication and distribution,” Elena Prokofieva explained the rights of our colleagues. That is why one of the most "bestial" professions on television is a producer. The film crew is only concerned about bringing a quality product, and the producer needs to run after the heroes of "hidden cameras", persuading them to sign papers. In case of special stubbornness, they offer money. If there is no consent, then, most likely, the story will not go on the air, lawyers will not let it go. An exception is bright rating material, which will cost a possible subsequent trial.

There are two more loopholes for journalists. Firstly, you can “blur” a person - “take measures against the possible identification of unauthorized persons”. In this case, the hero will become "a person like...". Secondly, if the person on the tape is clearly breaking the law, i.e. "necessary to protect the public interest".

AT recent times video cameras are increasingly installed in public places. For example, toilets or cafes. The administration is obliged to warn visitors about the filming. No announcement - you can sue. In the toilets, cameras are not allowed to be placed in booths. Only in the "foyer", so that, for example, they do not smoke or use. Well, in institutions for minors, for example, schools, video cameras in toilets cannot be installed at all.

In general, video surveillance in schools is becoming an increasingly common practice. Director educational institution The main thing is to convey this information to students and parents.

The same applies to employers if they suddenly want to monitor employees remotely. In this case, again, the boss is obliged to either post an ad or write down the corresponding clause in the contract, in which case the video surveillance will not be hidden. Only authorized persons have the right to view the video archive. All information is confidential, it can neither be published nor shown to colleagues. However, not all businessmen admit their "voyeuristic" inclinations. If you suspect that you are being secretly filmed without your consent, you can buy a special device. For example, spy finder. He finds camouflaged cameras by the light reflected from the lens.

The computer revolution has forced us to bring "spies" into our homes, according to own will. Such, for example, is a regular laptop with a webcam. Smart attackers will be able to connect to this video peephole. In the USA such electronic way surveillance is becoming more popular. In December last year, several large retail chains selling computers in installments. On all PCs a special program "PC Rental Agent" was installed. According to the terms of the agreement, it could be removed only after the full payment of the loan. In fact, this utility turned out to be a “backdoor”. At any moment, "admins" could take control of the webcam, "kilogger" recorded all keystrokes. Such actions were used not only against debtors, but also against young girls who like to sit at a computer in a negligee. Litigation from companies affected by violations of the 4th Amendment has now been sorted out for several years ...

In Russia, to protect our rights, we have the following tools:
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Part 1 Art. 152. “The disclosure and further use of the image of a citizen (including his photographs and videos) is allowed only with the consent of this citizen.
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Part 1 Art. 23 Constitution of the Russian Federation: "Everyone has the right to privacy, personal and family secrets, protection of his honor and dignity." Part 1 Art. 24 of the Constitution of the Russian Federation "The collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed."
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Art. 151 of the Civil Code of the Russian Federation. If moral harm (physical or moral suffering) is caused to a citizen by actions that violate his personal non-property rights or encroach on other non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the duty monetary compensation said harm.

Thus, if someone did not like the appearance of their image on the Web, you can safely go to court for compensation. According to the experience of Elena Prokofieva, most of these cases are decided in favor of the plaintiff.

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If earlier various spy things in the form of hidden cameras and listening bugs were almost impossible to get, and they cost a fortune and were available only to special services and security services large companies, then today the Internet is replete with offers for the sale of these devices at very affordable prices. The demand for CCTV devices is also serious, and anyone can buy such a camera today, so if you adhere to the thoughts “who will follow me, who needs me?”, You can be deeply mistaken. Today they are cheap, available and can be used for a wide variety of purposes, even by people in your circle of acquaintances whom you will not suspect at all.

Variations of those who want to “spy” on you can be different - the landlords of the apartment you are renting, the “former” who want to annoy you in every possible way, as well as various criminal personalities who want to enclose your property. And if you are constantly overcome by the feeling that someone is watching you, why not test your guesses in a practical way?

How to find a hidden mini camera?

As soon as new spy equipment goes on sale, there are craftsmen who immediately set to developing means of detecting it. To detect hidden CCTV cameras today there are special hidden camera detectors. But for starters, it would be nice to just conduct a thorough visual inspection of the premises.

1. Visual method

Hidden camera under things

If you have a suspicion that someone is following you, then you probably already suspect someone who can do it. If this is someone from your environment (landlords, “ex”, friends), then in this case the technique used will be quite simple, and detecting a hidden camera will not be great work even with a visual close inspection of the surrounding space. If these are law enforcement agencies or competitors, then we can already talk about more serious equipment and professional installation, and in this case it will not be so easy to detect cameras. Also, when searching for a hidden camera, you need to imagine what exactly its installer wanted to see - this will greatly simplify the search and make it more meaningful.

Where and how to look?

Special attention should be given to the most common installation locations:

• sockets;
• lamps;
• Chandelier;
• indoor plants;
• Openings of ventilation shafts;
• Various cracks in the walls;
• wall and table clock and other items in which a covert surveillance device can be easily embedded.

It is necessary to inspect all household items, even those that you would never check for hidden cameras:

• Stuffed Toys;
• Books;
• Mirrors;
• glass;
• Boxes and other interior items;
• Carefully inspect the corners of the room.

When a hidden camera is installed by a professional, you are unlikely to be able to find it, because a well-camouflaged miniature wireless camera is quite difficult to detect. In this case, you need to contact the spy device search agency, or use a special detector.

In such agencies, as a rule, people who have been trained by the FSB work. The cost of services is quite decent, and averages $20 per sq. meter, and depends on the complexity of the search and the professionalism of the specialist, and if the room is littered with various kinds of electronics, then the price increases significantly. Another point that must be taken into account is that specialists will not find anything from you if surveillance is carried out by law enforcement agencies, because it is not supposed to.

What else can you do to discover yourself? hidden technology video surveillance? To begin with, it is worth understanding on what principle the cameras function. If this , then they transmit all information wirelessly:

• WiFi;
• radio channel;
• Via GSM network or ;
• Or write to the internal storage.

In the case of recording to an SD card, the person who put the camera should have access to the device from time to time to take video recordings, in which case they can be caught by the hand. When installed, field detectors can be used to detect the device, similar topics, which are used to search for various bugs.

In the case when the camera has a built-in power supply, the observer must also have access to it to recharge the device. Time battery life usually does not exceed 12 hours when motion detection recording is set.

2. Technical method

In other cases, the use of special equipment is indispensable. Almost any hidden camera can be detected at home with the help of devices that catch the glare of optics, similar to the red-eye effect in photographs. These devices are called viewfinders, they have a backlight and a special light filter, looking through which it is much easier to recognize the reflected light from the objective lens.

Camera viewfinders. In most cases, viewfinders have a red backlight and a red light filter, due to which the influence of extraneous glare is significantly reduced. The backlight of such devices can work in a pulsed mode - a bright blinking dot of the eye of the lens will obviously attract more attention than a simple luminous one.

The cost of simple viewfinders today starts from 2000 - 3000 rubles. in Russian online stores. To find a hidden camera using such a device you need to turn on the backlight and look through the light filter to inspect all the most risky places:

• Angles between ceiling and walls;
• All electronics;
• Watch;
• Interior items;
• Heads of bolts and self-tapping screws on furniture, walls, various household items - the camera can be hidden anywhere.

It is important to keep the device as close to the eye as possible so that the direction of the illumination beams coincides with the direction of view - only in this way can you see the light returned by the objective lens. However, all modern hidden camera viewfinders are built in such a way that it is convenient to hold them near the eye - they all have miniature form, and the filter you need to look into is located directly in the housing next to the LEDs.

The simple CC308+ Hidden Camera Detector has similar characteristics. The detector has small size and fits easily into a pocket. Six red LEDs and a red light filter are built into the body of the device. It also has a field indicator, and is able to capture wireless communications - GSM, Wi-Fi, radio signal, so its use is not limited to detecting hidden cameras - this device can be quite successfully used to search for wiretapping bugs.

With the most popular models camera detectors you can see from the table below:

Field indicator. To search for wireless cameras using radio communication, it is recommended to use the so-called field indicator (video hunter), which captures the signal transmitted by the camera's radio transmitter. This device begins to vibrate and squeak when a radio signal appears in the area of ​​​​its location.

Field indicator + viewfinder

The field indicator today can be purchased at quite affordable price, and the dimensions make it easy to fit the device in your pocket. But this device has an unpleasant feature - a large number of false positives, because today almost everything is shrouded in an invisible network of various wireless networks, especially in urban areas. The video hunter intercepts the radio signal of the camera when it detects it and displays the image on the screen, after which it will not be difficult to detect the CCTV device.

A high-quality photo / video camera is now built into almost every phone. Video filming has become a part of Russian life, including public life. And than more people and objects enter the frame, the higher the risk that the photographer will be contacted with a claim. To make sure you are prepared for any situation, we will go into detail in this post about when photography without consent is allowed, when photos can be published online, and what images can result in a photo being banned from sale.

What can be considered illegal filming

The question of “the legality of the acts committed” inevitably comes to everyone who decides to take up photography. And most often, proposals to turn off the camera come from people who do not know for sure the legitimacy of their own actions. However, the law clearly defines situations in which it is prohibited to film a person without their consent. Accordingly, if the situation does not fall under the case of a ban, absolutely everything can be filmed.

The above statement is supported by Article 29 of the Constitution of the Russian Federation. According to the Basic Law, every citizen has the right to receive and disseminate information in any form by any means. Video and photography are part of the collection of information. And your right to collect information in this way is protected by law.

The Law on Information also enshrines the right of a citizen to freely film where it is not prohibited. Article 7 of the Law defines the concept of “information”, i.e. shooting objects. According to it, information to which there is no restriction on access is classified as publicly available. Accordingly, each person can use this data at their own discretion.

A reasonable question arises: what to do if you are told that shooting is not allowed? The answer is also contained in the Law on Information. Article 9 of the Law determines that filming restrictions are set at the federal level. Those. personal initiative of a private or legal entity is not a ban.

Liability for attempting to interfere with lawful filming

Shooting in public places allowed always and everywhere, regardless of the time of day or season. Restrictions are allowed only at the level of the Federal Law. Accordingly, any prohibitions established at the local level fall under the article “arbitrariness”.

If attempts to interfere with filming in a public place occur with the use of physical force, this falls under Article 330 of the Criminal Code. Law enforcement officers who try to illegally interrupt filming are liable in accordance with Article 203 and Article 286 of the Criminal Code for exceeding official powers.

Often, a person with a camera is put under pressure to remove the footage. This falls under Article 1252 of the Civil Code and is regarded as gross violation copyright.

An attempt to take away a memory card or a camera is considered as article 161 of the Criminal Code - “robbery”, i.e. an attempt to openly take possession of another's property.

The most “harmless” attempt from the standpoint of the law to interfere with the shooting is to close the frame with the body. But even for this, a person may be held administratively liable under Art. "petty mischief".

Filming with a hidden camera without consent: filming without warning and punishment for hidden video / photo shooting

Covert shooting devices are prohibited in Russia. There were precedents when individuals were held administratively liable not only for the fact that a private person was secretly filmed without his consent, but also for the purchase of Chinese video cameras disguised as lighters and fountain pens. But it is important to distinguish between "covert shooting devices" and "unwarned shooting".

Important: If you knowingly glued the LEDs on the camera, and on the video you assure that you are not shooting, these are signs of the creation of a covert shooting device. Moreover, if you have a camera hanging around your neck and you simply did not warn the respondent that he was shooting in this moment- it is not prohibited.

But the punishment for filming without consent may not come, even if the respondent was sure that the camera was turned off. To do this, before publishing, you need to change the voice and apply a blur effect to the video. Then the participant simply will not be able to prove in court that it is he who is in the video. This is exactly what journalists do when preparing television investigations.

What will happen for video and photography of people without their permission

Photography in public places is allowed. But it is inevitably associated with getting into the frame of additional participants in the action in the form of random passers-by. The Civil Code (Article 152.1) protects the right of people not to be depicted in images. However, the Civil Code does not impose filming bans. This article requires the author of the image only restrictions on the distribution of materials. Those. You can publish photos only with the consent of the participants in the shooting.

In order for a person to demand restrictions on the distribution of photographs with his participation, it will be necessary to prove that he is the central figure in the composition.

For example: if the central figure of the photo is a monument, then there is no need to ask the consent of the tourists caught in the frame to publish the photo. If a person is located in the image in focus and in portrait mode, he is the central figure and his permission is required.

Important: This rule does not apply to civil servants on duty. Police officers, ambulances, fire service, security, etc. Filming without consent individual in this case, it is allowed in full if employees are on duty.

Responsibility for illegal filming of children and without parental consent

If the child is not the centerpiece of the frame, permission to film is not required. If you plan to talk to a child on camera, conduct a video survey on the street, etc., then such filming of minors without parental consent is unacceptable.

According to the law, a child can only consent to being photographed if he or she is 14 years old. Before reaching this age, permission to shoot is granted by a parent, guardian or responsible person (for example, a teacher if the child is a schoolchild or an educator if the action takes place in a kindergarten).

It is forbidden to record interviews with children or conduct portrait photo shoots without parental consent, and then publish them later.

Important: As in other cases, the prohibitions apply to the further use of materials, and not to the taking of photographs (according to Article 152.1 of the Civil Code of the Russian Federation). In public places, shooting is allowed in any form.

Filming without consent on private property and in public places

Shooting on private territory without the permission of the owner is prohibited. The inviolability of property is guaranteed by the fundamental law and Article 29 of the Civil Code. According to the article, the owner of the property has the right to dispose of it at his own discretion, incl. allow and prohibit video filming of property.

But this article is often used by store owners, outlets and restaurants. That is why at the entrances to such establishments we see the warning “illegal filming is prohibited”.

In this case, there is a direct violation of the law, because. public institutions are equivalent to public places, respectively, an unauthorized ban on filming and an obstacle to it, leads to the legal consequences described above.

Important: If you are prohibited from taking photographs or filming videos in a service establishment, you should refer to the Consumer Protection Act. According to him, it is the responsibility of the staff to provide the maximum complete information about the product provided. And the consumer, in turn, has the right to record this information in any convenient form (including video and photos).

Moreover, article 16 of this law determines that there can be no restrictions on photography and video filming, and only state institutions have the right to restrict it. A call to the police by staff will qualify as a “false call”.

An attempt to ban filming on the grounds of trade secrets is also doomed to failure. After all, the Law on Trade Secrets clearly defines the signs of information falling under this concept - according to the Law, only information with limited access. If the owner has not deliberately restricted access to information, then it cannot be recognized as a secret.

If everything you can do with your Android smartphone is not enough for you, there are apps that will turn your Android device into a spy camera. Main Feature of these applications is that they can passively and silently capture video or still images, without lens flicking, flash or preview, allowing you to capture the right moment without anyone knowing about it.

Some of these apps can be used as a serious way to track and surveil, although even just taking a picture of your friends when they don't know about it can also be fun and interesting. So, meet - TOP 5 spy camera apps for Android!

The feature of this spy camera app for android is that it allows you to discreetly capture high quality video with audio capture. Thus, "Hidden Camera Spy Camera" includes some additional features than just discreetly capturing instant photos. In addition, this application can passively work in background for maximum privacy. A distinctive feature of "Hidden Camera Spy Camera" is multitasking. Using the hidden camera app, you can also run other apps in parallel and even receive calls. Another plus is that the application is password protected from unauthorized access, which only you will know.

4th place - "Spy Camera"

Basic hallmark"Spy Camera" is that it focuses on secretly taking photos and recording videos by muting the shutter sound and turning off the flash, as well as previewing images and videos. While the application is running, only a black screen is displayed with the status and the remaining free space on the memory card. In addition, the application hides the pictures taken from the standard gallery. Thus, the pictures remain secret and will not be easy to find. In addition to the above, it is worth adding that this application can also take pictures automatically if you turn on the automatic mode.

"Super Spy Camera +" works just like the above apps. In addition, you can adjust the resolution and set the camera to automatic mode, both for normal use and for capturing multiple images continuously. "Super Spy Camera +" also does not include image previews. Moreover, the user can configure whether or not the file is hidden. On top of that, the app has additional features to correct blurry images or low quality photos.

The "SECuRET SpyCam" application pleases with additional functionality, unlike conventional programs. The peculiarity of this application is that it reacts to movement. It means. That the camera of your Android smartphone or tablet will automatically take pictures or record video if movement is noticed in the lens field and until it stops. In addition, the "SECuRET SpyCam" application can save the photo, tweet it or send the photo directly to you on email. This is a really serious application that provides functionality the highest level.

The spy camera app "Mobile Hidden Camera" is the only app on our list that is compatible with all Android versions– from 1.1 to 4.2.2. The application demonstrates the effective features of the spy camera, such as no preview, flash, and no sound when shooting. In addition, the application can use both front and rear cameras to capture images and videos. There is also an option that allows you to take pictures continuously in automatic mode with adjustable frequency. The application supports a burst rate of 5 to 10 shots per second.

This is where the TOP 5 spy camera apps for Android come to an end. Try all these apps for yourself by downloading them from the link below. You will definitely need them in your daily life.