1. Could a person be held liable for unlawful recording or observation of intimate parts for taking an upskirt photo of another individual on the street?
Yes. Taking an upskirt photograph would constitute as an act of unlawfully recording or observation of the intimate parts since 'upskirting' would require the conduct of recording an intimate part of the individual which would not otherwise be visible, with the intention to observe or record an intimate part of an individual. More so, it is an offence to record an intimate part from beneath an individual's clothing whether or not such recording was captured through the opening gap of an individual's outer clothing.
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