How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8454
Experience:  Barrister 17 years experience
53108719
Type Your Republic of Ireland Law Question Here...
Buachaill is online now
A new question is answered every 9 seconds

I am currently involved in a case where cctv footage has been

Resolved Question:

I am currently involved in a case where cctv footage has been used against me in an incident that took place in a taxi. The driver had a sign up saying he was using cctv. He also was continuously recording sound as well as picture. I am under the impression that the recording of sound is not legal and this evidence should not be allowed to be used against me. Here is a link to the data protection site. Please pay attention to the last paragraph and in particular the last line. Thank you http://www.dataprotection.ie/viewdoc.asp?m=&fn=/documents/FAQ2012/CCTVFAQ.htm
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. At the outset, you give no context in relation to the case in which the CCTV is being used, nor the voice recordings involved and what is stated. Is it a civil or criminal matter? Could you provide more detail? Viewing this single statement on the Data Protection website does not mean that this is the view a court would take of the same issue. Reading the remarks of the Data Protection Commissioner, this statement relates to the recording and use of private communications among taxi users themselves. Such communications attract a right of privacy. However, such considerations do not apply to communications between the taxi driver and the fare-paying passenger. In law it is always legal to record your own conversations, not those of others. So the taxi driver would be acting lawfully if he recorded his own conversations with a passenger but would not be acting lawfully if he recorded the conversations of passengers amongst themselves. So please clarify the context, as a right of privacy and Data Protection considerations do not necessarily apply to conversations between a taxi driver and one occupant, for instance.
Please RATE the Answer positively so that I may get paid
Customer: replied 1 year ago.


so a brief outline of what happened. Me and my partner got into a taxi. I had not taken notice of the driver. We did an illegal u turn. I then noticed the driver was of African Origin. I imediately wanted to get out due to their poor reputation as taxi driver and can be heard on the cctv saying "is he black? stop the car, let me out." This is the only thing that was said. Now I'm looking at possible racism charges. When I had every right to get out and not subject myself to overcharges and long routes etc. which such people are widely know to do. Could this footage be seen as inadmissable due to the person not being registered with the data commissioners and the recording of sound?

Expert:  Buachaill replied 1 year ago.
2. In a criminal case of alleged racism, this CCTV evidence including the voice recording will be admissible as it contains relevant evidence. You should get your counsel to argue about its admissibility but I regret to say that normally a court will always admit relevant evidence of this nature if the recording device was being operated properly. The issue of Data Protection is totally different to the issue of the admissibility of evidence in a criminal case. So I regret to say that your statement will be admissible in the criminal case of racism charges.
Please RATE the Answer positively so that I may get paid
Buachaill, Lawyer
Satisfied Customers: 8454
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Buachaill

    Lawyer

    Satisfied Customers:

    3268
    Barrister 17 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Lawyer

    Satisfied Customers:

    3268
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/CM/cmcsolicitor/2013-7-4_114944_CMCMay12colourheadshotcropped.64x64.jpg cmcsolicitor's Avatar

    cmcsolicitor

    Solicitor

    Satisfied Customers:

    147
    and Mediator practicing in Cork, Ireland.
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    430
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    31
    Solicitor and Attorney