To be shocked to discover

[Junipercrumble]

Apparently, it is NOT illegal for a stranger to take photographs or video clips of people, including their children in a public place. 😵

I, like many of my friends are astonished if this is true.

I wonder how many people are aware of this?

We had someone who had their photo taken on a train argue their human rights had been violated, and they won!

If you're on a train, technically you need permission though, because your on privately owned property.

Juniper rumble
You have already been told it is legal so why would you call 101??

You're

It is true, it’s also how some celebs have landed in hot water and been sued for using images of themselves that were taken in public by other photographers

ipo.blog.gov.uk/2019/06/11/copyright-and-gdpr-for-photographers/

In GDPR law, no one is allowed to keep an image of you without your consent. A photo of you is categorised as personal data under GDPR. Check out the link above from the Intellectual Property Office UK.

This doesn't apply to someone taking a photo in a household context.

Although this is true, a couple of years ago around here, a man was reported by a child for hiding and taking photos of them at the park. This happened for a week or so, he was caught several times. The police took it very seriously.

Also. That isn't what the blog says.

If you're a photographer you can use legitimate interest as your basis for processing. You don't need consent.

How come many times on social media I've seen commenters up in arms " you can't post a picture of him" " take that photo down unless you have permission"

OP, for the most part I don't find it shocking that people are free to take photos in public, but there was a mum I knew who was in the playground with a toddler helping him have a wee and a creep man was openly taking photos of him. She asked him to stop and then made a report to the police. She also posted about it on a local forum to warn others. But nothing came of it.

completely agree

for others

This GDPR isn’t some aha trump card, all it means is if done commercially you would need to have a legal base for processing which isn’t the same as needing consent as this is only one option you can use,

also processing a photograph in terms of data has been defined as using it in a way which profiles or is attached to other sources so the photograph by itself is fine, if you run it through facial recognition that would require a valid reason for processing. Adding identifiable metadata to a digital photograph would also require a valid reason, and as the pp said legitimate interest is perfectly fine to use for this.

My husband and myself were “secretly” filmed walking along the Thames about 20 years ago, the clip is in a documentary that is now up on YouTube- I copied the part that we are in and occasionally watch it. We actually watched the documentary at the time it aired and couldn’t record it or stop the live tv - we couldn’t believe we were on there.

And judging by this thread, really resistant to correcting that state of affairs.

Those mentioning sporting events / night clubs etc - it’s a different set of rules for commercial photography and on private land. Most events like that, if they have professionals on site filming or photographing will have notices up detailing that photography is taking place, and that being there constitutes your permission to be photographed and for the images to be used in whatever way. Ticket T&Cs often have a similar clause.

For professionals in public places, there are no specific rules about gathering images, as there is no expectation of privacy. However, there is a chance that you could be in trouble for an inference you make against someone by using their image in a certain way - shot of random bloke over a piece about burglars, for example - they could come after you for slander / liable. That’s why (and basic decency) you tend to see only ‘unidentifiable’ bum shots in pieces about obesity.

I'm surprised you thought it was illegal!

Have you never taken photos or your own children or film of your own children? Well if it's in a public place then others will feature in it.

You'd have to ban any public use of cameras to enforce this which would be impossible to enforce!

There are laws surrounding use of images.

Sceptical good response.

I find people woefully misinterpret the GDPR laws.

I often find myself explaining it's about identifying people. Generally it's 3 bits of identifying information needed to be able to identify who someone is.

That’s why (and basic decency) you tend to see only ‘unidentifiable’ bum shots in pieces about obesity.

I’ve often thought how mortifying it must be to see your own anonymous backside waddling in front of the camera when the obesity crisis headline booms out on News at Ten.

I too thought this was common knowledge, public place so no expectation of privacy.

It is not illegal to take photographs of anyone or their DC in a public place. I would however suggest that if someone is purposely filming or photographing your DC that you report them to the police if you suspect they have a nefarious motive. They will then at least perhaps get flagged on a police system.

Most decent people (professional photographers especially) would delete a photograph of your DC (accidental or otherwise) if you asked them to.

Few key details left out of that story. What age were the kids and what were they doing that prompted the person to report them to the police. The boy would have been frightned about the threat of police either way, especially if he had been up to no good. If my ds was doing something worthy of reporting to the police I would have no problem with someone videoing it to prove/disprove the allegation

It's not illegal to take a picture of a person in public. As the picture of you is personal data, according to GDPR law, the photographer, (commercial or not) needs your consent to store your data aka, your photograph.

Commercial photographers taking a picture of a crowd for eg. at a golfing event have 'Legitimate Interest',which is allowed in law. A pervert taking photographs of you and your children in swim wear at the beach, is not legitimate interest, therefore, that photographer does not have a legal right to store your personal data/photograph, in their phone, camera, cloud or wankbank.

I assumed everyone knew this. You are in public, there is no way to ensure privacy. Look at all the photos of celebrities and their kids etc.

I think OP is reasonable in her assumption to a large degree because if, in a park, a person were taking photos of children playing on play equipment, and a parent challenged them and made a fuss, I think that a community police officer or park warden, would, indeed ask them to stop doing it. Ditto, in a street, or at an ice rink. If the photographer said they were doing it to supply inspiration for an art project they were doing, the 'official' would still tell them to stop.

Although not illegal yet, I think it soon will be made so. Swimming pools won't let bathers be photographed. I think soon parks may advise members of the public not to take snaps of children playing. I don't know who would be the enforcing body ( as in, swimming pool management, for a pool), perhaps the organisation which runs the park; perhaps the council; perhaps the police.

The salient issue, I think, is that young kids of six or so, play un- self-consciously and might have their skirt riding up, if a girl, and not be aware enough to cover themselves. It's very intrusive and inappropriate to photograph children, for this reason, especially.

If someone posted on a neighbourhood forum an image they had captured - a shot of a man with a camera taking pics from the edge of a play park, then other posters would reply how awful this is and well done on that OP for telling him to stop. Nobody would think it were ok. I guess, also, that new school are now often constructed with tall sides to the buildings with windows you can't look into, in part anyway, to stop perverted onlookers gazing at teenagers in uniform.

I'm sure taking photos of other people's kids in public will soon be banned.