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Wrongful Video Surveillance

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window077 View Drop Down
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Joined: 15/February/2013
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  Quote window077 Quote  Post ReplyReply Direct Link To This Post Topic: Wrongful Video Surveillance
    Posted: 15/February/2013 at 19:11
Hi,
My neighbour came by this afternoon and handed me a report from an investigation company, working on behalf of an insurance company.

The report shows the company putting myself and my partner under surveillance with photos of both of us.

Unfortunately, the investigation company (and the report) thinks I'm my neighbour, so they've wrongfully been putting me under surveillance instead of my neighbour (who is on worker's compensation).

I feel really shocked and lost for words at this gross breach of privacy.

Is what they've done illegal, and how should I approach this?

Thanks for any help :)

Edited by window077 - 15/February/2013 at 20:00

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 20:15

Whoa! Not so nice mate.

Damned shame the wrong person got targeted. Not sure about your legal rights - but I will make some enquiries about this and get back asap.

Cheers
not legal advice

window077 View Drop Down
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  Quote window077 Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 20:33
Many thanks!

Yes, it was quite a shock. Each page of the report went into more detail about my movements, photos of the number plate of my car, where I went shopping, how long for and what movements I made. Never heard of such a thing!

Another part of the report starts at 12pm and then says nothing until 4pm when I took my bins out. Scary thinking someone was outside waiting for me to make a move and then follow me.

Any information you can provide is of course of great value. Let me know if you need any more information.

StandTall View Drop Down
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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 20:38
Find out who the insurance company is and demand that the video recording be deleted. It's no use to them and a waste of recording material.

If it is on dvd disk, demand them. That way you know your material is not floating around.

As far as compensation, why bother unless it has been used somehow.

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 20:42
At least you have the satisfaction of knowing they've wasted an awful lot of time, effort and dollars watching the wrong subject and as a bonus your neighbour has been warned.

window077 View Drop Down
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  Quote window077 Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 20:57
I've been given the report by my neighbour which contains the details of the investigation company and the insurance company.

I don't believe they've used it for anything, other than to prove to the insurance company that my neighbour (in this case me) is healthy.

They surely got it wrong though as the neighbour is 186cm and I'm 178cm.

window077 View Drop Down
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  Quote window077 Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 20:58
Yeah the neighbour is happy about it as their worker's compensation claim won't be affected by this mistake, but I'm more concerned that I've been followed and photographed.

StandTall View Drop Down
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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 21:03
It shows just how good they are at their job, = LOUSEY.

Something for the insurance company to think about. Maybe use another surveillance business or someone else, LOL

Edited by StandTall - 15/February/2013 at 21:04

Gorodetsky View Drop Down
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  Quote Gorodetsky Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 21:29
Hi window,
I understand it has made you feel uncomfortable. I mean no offense or disrespect in my thoughts.

In Qld there is a clause that excludes stalking for legitimate business purposes (ie private detective).

Not sure where you live.

I had the impression that private investigators had to adhere to rules to keep their license...since you hold a report, you could suggest to the insurance company you are unhappy and it could mean bad publicity for them...

I think you were followed and photographed by clowns. They were sneaking around, hiding behind things, following the wrong people. They wrote up a report and gave it to their (paying) customers, saying, oh yeah, we got this one, they are malingerers. Insurance company passes it to your neighbour (we got you buddy). Your neighbour says that is the person who lives next door.

I hope this perspective makes you feel better. They weren't dangerous or insidious, they were clowns.

Regards
Gorodetsky

Edited by Gorodetsky - 15/February/2013 at 21:45

window077 View Drop Down
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  Quote window077 Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 21:56
Hi Gorodetsky,

Thanks for your feedback. I'm in Victoria.

Yes, it's clear now the investigators had no idea. I'm about half a foot shorter than the person they were supposed to be investigating, and potentially 10 years younger.

I realise it's mostly a case of them being clowns, and I do intend to bring it to the attention of the insurance company, but I just thought I'd get as much feedback as possible to know where I stand.

I'm sure clowns shouldn't be issued licences to perform these tasks, or they should at least receive some kind of reprimand/penalty for not doing what is a fairly sensitive job properly (which may be that the insurance company drops them as investigators).

It seems like I'm just an innocent bystander who has been caught up in it, and have consequently become a bit distressed by the 'Law and Order' like behaviour going on in the background of my everyday life.

Edited by window077 - 15/February/2013 at 21:57

Gorodetsky View Drop Down
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  Quote Gorodetsky Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 22:21
Hi window,
Quite so. I would have also been distressed. A normal reaction.

Here is what I'd do:
Try to find out the rules for private i's down south. Politely suggest to the insurance company you are upset, and you expect some meaningful apology from their investigator, or else it could be bad publicity for the insurance company. The Pi ought to at least get you a bottle of wine. I'm not sure if you'll get $$. Maybe if you find out they broke lots of private investigator rules...

You could ask some of your neighbours. One day there was a suspicious dude parked out the front of my rural property. I went out the front and asked if he was alright. He told me he was investigating my neighbour over the back. I drew attention to him, he left. (Sorry bd). Your other neighbours might have seen these clowns.

I'm not a lawyer. I don't think there is much privacy laws in Australia.

Regards,
Gorodetsky

StandTall View Drop Down
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  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 22:25
Put it to 1 side.

There is more in life to get "pissed" off about than this.

I would enquire about the footage though! It must be deleted immediately.

Inform the insurance company that if the video's are retained or broadcasted in any way what-so-ever, expect legal response$.

Edited by StandTall - 15/February/2013 at 22:26

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 23:34
Unfortunately a case of mistaken identity, it is not really your problem, we all appear on many surveillance films every day, unless the footage is used against you in some way you do not have a case.

Your neighbour has a good case to overthrow the actions of the insurance company, when they try to use this footage to stop his payments, all he needs to do is state the film is not me, and when the insurance try to prove it is, they will come unstuck.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 15/February/2013 at 23:43

Yeah I concur with the above advice - all good imho. Go for it man!
Cheers
not legal advice

window077 View Drop Down
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  Quote window077 Quote  Post ReplyReply Direct Link To This Post Posted: 16/February/2013 at 13:43
Thanks for all the feedback - much appreciated!

BD Eye View Drop Down
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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 17/February/2013 at 01:07
Unfortunately, sometimes investigators are given an address with no description of the claimant, and sometimes the address given to them may be wrong. On the other hand the investigator/s may have simply stuffed up. I don't know the full facts so I can't comment on what went wrong.

Surveillance activity like this is not illegal so long as it is undertaken by licensed investigators and in accordance with the relevant legislation.

Being a member of the industry I am very committed to ensuring that all investigators act ethically and sensitively. With your permission I would like to bring this error up within the industry, to push for further steps to be taken to ensure that these errors are minimised (human nature errors will always be made).

Would you mind PM'ing me the company and investigator details so that I can raise this issue further.

Cheers

BD Eye

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