View Poll Results: Should the paying client have an expectation of privacy with the company that developed the pics
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Depends on the circumstances (such as, is it a major crime...etc)
Results 1 to 8 of 8
07-09-09, 08:22 PM #1
Woman Sues Photography Company for Turning Over her Pot harvest Pics to Cops
OTTAWA -- If only she'd had a Polaroid camera.
A southern Ontario woman suing Black's Photography over pictures of her marijuana plants will have to produce the photos in court.
Agnieska Wojtanowska says Black's violated her Charter rights back in 2001 when a worker handed the photos over to police.
Drug charges were later dropped when the pictures were excluded as evidence because they were obtained without a search warrant.
The woman then sued Black's and the police for improper seizure of the photos. But she didn't want to produce them in a Kitchener, Ont. courtroom, citing privacy concerns.
She appealed to the Supreme Court of Canada after an Ontario Superior Court judge ordered her to disclose the pictures as key evidence.
The high court gave no reasons Thursday for refusing to hear the case, as is usual for applications for leave to appeal. It generally accepts cases deemed to be of national importance or on specific disputes in the law.
The high court's dismissal essentially means the lower-court judge's ruling stands, and the photos must be shown.
07-09-09, 08:28 PM #2in the warriors code there's no surrender, though his body says stop, his spirit cries...NEVER. deep in our souls, a quiet ember, knows its you against you, its the paradox that drives us all. its a battle of wills, in the heat of attack, its the passion that kills, and victory is yours alone.
the posts and opinions stated by me do not in any way reflect the values, beliefs, or views of my department. they are simply opinions and/or observations which have been developed through my personal experiences. hell, most of the stories probably arent even true...wink wink
07-09-09, 09:02 PM #3
As much as I think the employee in this case is a douche, this case seems pretty clear. Heck anyone who doesn't realize their best photos are passed around has had to be living under a rock since the 50's and many are developed right out in the open. With well publicized child porn related cases her defense about illegal search is damn flimsy too.
Since film photography is dying off fast I wondered how this scenario plays out with different technologies. What if a photo of illegal activity is taken with a cell phone and someone at the phone carrier sees it while looking for nude wife photos to add to his collection? The privacy expectation is different and he was breaking at least corporate policy to obtain them. Is that the same?
How about a walled garden site where only members have access? (Facebook set to private, Verified section here) If the picture is copied out of the private section and posted publicly in violation of the site's TOS does that change anything?
Heck, just in general how does it work when someone obtaining pictures illegally (the phone company perv, trespassing, hidden cam, whatever) turns over evidence? I know, wandered completely off the original subject.
Originally Posted by William Pitt (the Younger), Speech in the House of Commons (18 November, 1783)
07-10-09, 12:25 AM #4
Once upon a time I worked for a photo lab. I don't know if it was state law, but there was a sign posted that any photographs containing illegal activities - including child pornography - would be turned over to police with the owner's contact information.\\` ` ` ` < ` )___/\
`` ` ` ` (3--(____)
"...but to forget your duck, of course, means you're really screwed." - Gary Larson
07-10-09, 12:30 AM #5
Wait, it there a client film developer relationship that I'm not familiar with? If you are dumb enough to document your criminal activity you deserve to get caught. Having said that, I love stupid people. God bless'em they keep me in business.
Meanwhile, fishing in Russia:
"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat
"Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway
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07-10-09, 02:59 AM #6Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me
We are who we choose to be.
R.I.P. Arielle. 08/20/2010-09/16/2012
07-10-09, 04:24 AM #7
Well it is Canada- difference laws, different rights and a very different form of government and Constitution.
We will just have to remember to move our pot plants to Canada before letting someone take pictures of them."When a crime is committed, liberals blame society. Conservatives blame the criminal." -Debra Saunders
Old Scottish Motto- "nemo me impune laccessit". It still holds true today.
07-10-09, 07:25 AM #8
There is no expectation of privacy when you take your film to be developed. How can there be, there isn't anything like Doctor/Patient priviliedge here. At least I've never heard of a Film Processor/Client priviledge, lol.
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