Private preservation of evidence It has been decided by the courts that, as a matter of principle,

[hotlips hotlipps sehr erfahrenes Mitglied Alle Beiträge durchsuchen Profil ansehen Schließen hotlips]

Private preservation of evidence It has been decided by the courts that, as a matter of principle, no photograph or video may be taken of a person unless that person expressly consents. In exceptional cases, however, taking photographs and recording videos against the will of the person being filmed is permitted.

Anyone who takes a picture or video of a person without permission must know that the person filmed is protected by the right of personality. This is because it applies that a person must already consent when the picture is taken. However, this right only protects against publication, display and distribution. Nevertheless, in the case of a neighbourhood dispute, this can constitute a violation of the general right of personality. The photos or videos are in someone else's hands and thus the people photographed can no longer control where they end up.

In principle, however, secretly made recordings are not prohibited per se. In principle, secret recordings can only be considered as evidence in court in serious criminal cases. However, this must be examined on a case-by-case basis. In a "harmless" neighbour dispute, the persons involved may not be recorded in private or intimate moments and situations without consent. For example, if the neighbour was filmed in his garden barbecuing, these will not be accepted as evidence in court. In most cases, however, the court decides here on a case-by-case basis.

[hotlips hotlipps sehr erfahrenes Mitglied Alle Beiträge durchsuchen Profil ansehen Schließen hotlips]

Private preservation of evidence refers to the act of individuals or organizations collecting and safeguarding evidence relevant to a particular situation or investigation without involvement or oversight from law enforcement or government agencies. It typically occurs when individuals or entities believe that important evidence may be lost, destroyed, or tampered with if left solely in the hands of authorities.

Private preservation of evidence can occur in various contexts, such as civil litigation, corporate investigations, or personal matters. For example, in a civil lawsuit, a party may gather evidence independently to support their case before it is officially presented in court. Similarly, companies might conduct internal investigations to preserve evidence of potential misconduct by employees or third parties.

The motivation behind private preservation of evidence is often to ensure that the evidence remains intact and uncontaminated, as well as to protect the interests of the individuals or organizations involved. However, it's important to note that private preservation of evidence does not substitute for proper legal procedures and authorities' involvement. Ultimately, if evidence is intended to be presented in court or used in a formal investigation, it must be disclosed and handled according to the relevant legal requirements and procedures.

In some cases, private preservation of evidence may raise concerns about chain of custody, admissibility, or authenticity. Courts and legal systems generally place more weight on evidence that has been collected and preserved by impartial and authorized entities. Therefore, individuals or organizations engaged in private preservation of evidence should consult with legal professionals to ensure compliance with applicable laws and regulations and to address any potential challenges to the evidence's validity or admissibility.