The rise of covert filming: legal remedies for victims

Filming someone without their knowledge and then broadcasting it is nothing new. Covert recordings have been used numerous times for entertainment in ‘fly-on-the-wall’ programmes where individuals are filmed without their knowledge.  Examples include the use of High Court Enforcement officers’ body cameras when they enter people’s homes to seek to enforce writs for their eviction or removal of goods. Programmes such as BBC’s Panorama also use covert recordings to carry out undercover investigations into wrongdoing.

Secretly filming and broadcasting someone is not always unlawful, but it can infringe privacy rights, breach data protection legislation and amount to harassment. In certain situations, it can also amount to criminal conduct, for example in relation to image-based abuse and upskirting. Whether or not the publication or broadcast of secretly filmed footage is unlawful or illegal depends on the factual circumstances, the context and its purpose.

Women filmed in secret for social media content

Recent BBC investigations have reported on the rise of a concerning new trend of secretly filming women for social media content. In January 2026, the BBC reported on a number of women who were secretly filmed being approached by men and giving others tips on how to approach women for TikTok videos, with an apparent lack of any consideration given to these women’s lives. One woman’s mobile number was visible in the video resulting in her receiving waves of unwanted messages and calls; another woman was filmed discussing details about her private life while she was in a bikini in a video which amassed millions of views. In February this year, the BBC reported about men covertly filming women on nights out, often filming them in dresses and skirts from low angles, and then posting the videos online for financial gain on a range of platforms including YouTube, TikTok, Facebook and Instagram.

The development of technology such as smart phones and glasses has made it easier for individuals to be filmed without their knowledge. This twinned with the ready accessibility and limited policing of social media platforms enables footage to be widely disseminated, causing victims of such filming greater harm.

Even if filming takes place in a public place, it can still infringe the privacy rights of the person being filmed.  Whether or not someone can bring a privacy claim as a result of covert recording in a public place depends on the facts.

Legal remedies for victims of secret filming

There are a number of legal tools available to individuals who discover they have been secretly filmed depending on the nature of the broadcasting/dissemination.  These include the laws on:

• Privacy;
• Data protection; and
• Harassment;

Using the tools available, victims may seek the removal of online content and an injunction preventing further publication and/or damages.

How Hamlins can help

Our Reputation and Privacy team has significant expertise in assisting victims of secret recordings, including children, who have enhanced privacy rights. We understand the spread of intrusive, private information can be rapid and the impact can be long-lasting. We provide tailored advice and support to clients across all aspects of reputation management and privacy law, through what can often be a distressing experience. We can provide expertise and guidance on the best way to protect your online reputation and will offer honest advice on how to deal with harmful, or potentially harmful, online content. Please get in touch if you would like to understand how we can help.