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AIBU?

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Original poster

To be shocked to discover

364 replies

Junipercrumble · 12/08/2022 00:02

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?

OP posts:
gogohmm · 12/08/2022 08:37

Background images are completely legal. If you want to take a close up it's polite to ask, you only need permission if it's for public/commercial use. If it's from behind no permission is needed even for commercial gain

srey · 12/08/2022 08:37

gogohmm · 12/08/2022 08:37

Background images are completely legal. If you want to take a close up it's polite to ask, you only need permission if it's for public/commercial use. If it's from behind no permission is needed even for commercial gain

This is wrong.

Even for commercial use you do not need permission.

gogohmm · 12/08/2022 08:38

There's a huge difference between someone taking a photo of your child and someone taking a picture of their child and your is slightly blurred in the background

Quia · 12/08/2022 08:39

Oiduntbelieveit · 12/08/2022 08:35

Under the Protection from Harassment Act, you can be protected in law, if someone taking your picture is causing you distress or intimidation.

No, that is not the criterion for establishing harassment under that Act. It's an objective test.

Popcorncovered · 12/08/2022 08:39

Junipercrumble · 12/08/2022 00:24

So a random stranger, let's say an adult on their own, can walk into a playground and take pictures or videos specifically of my child, which then belong to the random stranger, and then post them on their own instagram page? 🤨
Without my permission?
With no consent from anyone?
Can I force them to delete the images if I catch them snapping away?
Does my child or myself have any rights to images taken by a complete stranger?
Surely it is a flagrant breach of our privacy?

I agree, it is a breach of privacy

ProfessorSlocombe · 12/08/2022 08:40

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.

And if they say no ? Outwith any by laws and absent any behaviour that might be considered harassment or threatening a request to desist a legal activity has no force.

lljkk · 12/08/2022 08:40

Should not be illegal.

How do you think footage of crimes happening or police brutality get collected if it's illegal to take pictures of strangers. Can't know when filming starts how the events will evolve & if there will could be some presupposed legal justification. How does one get pictures of celebs, or public events. Did everyone at Glastonbury sign a waiver. I don't know what people are thinking with these weird ideas.

SoupDragon · 12/08/2022 08:42

Popcorncovered · 12/08/2022 08:39

I agree, it is a breach of privacy

Show quote history

What privacy do you think you have in a public space?

Neverendingdust · 12/08/2022 08:43

Bless you OP. I wish I could follow your MN account if you’ve been so shocked by that ‘revelation’, I bet it’ll have some corkers soon once you making more discoveries. 😂

Whitehorsegirl · 12/08/2022 08:43

I would say it is common knowledge...

Newmumatlast · 12/08/2022 08:45

Junipercrumble · 12/08/2022 00:09

No one in my circle of friends were aware of this.
Surely you must ask permission of the parent before snapping pictures or video clips of their children especially?
Paparazzi have no interest in taking random pictures of strangers or their children though, and surely they have to get permission first, either from a parent if they wish to capture images of a child, or an adult themselves if they wish to capture images of an adult?

No. Anyone can take photos of your kids when you're out. It only becomes potentially unlawful or illegal if the behaviour amounts to harassment or if the person takes an indecent image of your child but you'd have to be able to have good reason to think they have for the police to likely ask to check their camera based on reasonable suspicion I.e. your child changing on the beach and you see someone purposefully taking pictures of them naked (I wish this wasn't something parents did but amazingly I've seen them do this in public putting their kids at risk).

AppleKatie · 12/08/2022 08:47

There is such a huge difference between say legitimate street photography for an art exhibition and a dirty old man in a raincoat taking a picture of a kid in the park.

The law is such a blunt instrument though- ban one and you would ban the other.

So instead we have culture. It is culturally unacceptable for lone adults to walk into parks and take inappropriate pictures of children, someone doing it would get called out by the community (inc online).

this is enough to prevent it becoming common practice. Someone persisting is likely to be breaking other existing laws about harassment or intimidation.

therefore, there is no need for a change in the law to stop legitimate photography.

Also, all that is before you get into how impossible it would be to police a ban on photography in all public spaces ever.

Topseyt123 · 12/08/2022 08:49

Junipercrumble · 12/08/2022 00:09

No one in my circle of friends were aware of this.
Surely you must ask permission of the parent before snapping pictures or video clips of their children especially?
Paparazzi have no interest in taking random pictures of strangers or their children though, and surely they have to get permission first, either from a parent if they wish to capture images of a child, or an adult themselves if they wish to capture images of an adult?

Come on! Did you really think that the paparazzi who chase the royals and other celebrities around snapping photos for newspapers would get consent first!!??

Taking photographs in public which include members of the public and children is not illegal. Never has been and nor should it be.

If you mean a complete stranger approaching and taking taking specific pictures of your child then that is creepy. It might not be illegal in itself, but I would consider reporting it to the police due to worries over paedophile activity.

In general though, you have no expectation of privacy if you are out in a public area. If you went to a touristy area in London then you could expect to end up in the photos taken by other tourists. They don't have to get the consent of everyone around them, whether you are in them or not is purely incidental.

If you want total privacy then stay at home at all times. On no account ever go out anywhere.

RuthBrenner · 12/08/2022 08:50

Have you genuinely never heard of or seen street photograhphy? Ever heard of photographers like Henri Bresson or Vivian Maier?

amylou8 · 12/08/2022 08:52

Yep if you're in public you're fair game to end up in someone else's pictures I'm afraid. And while intentionally taking pictures of someone in public isn't an offence in itself, if someone was chasing you round with a camera shouting say cheese when you didn't want them to, and had told them as much, this could constitute an offence under the public order act.

LadyDanburysCane · 12/08/2022 08:53

DH and I were at a popular tourist spot yesterday. I like taking photographs when we visit places. I wouldn’t have ANY photos if I were to delete all those containing other people.

TBH I’m surprised that people DONT know they can be filmed/photographed in PUBLIC.

Mind you when my now adult DD was about 4 she was having one of those street artists at the seaside draw her and a chap came up and said what a lovely image it was and would we mind if he photographer her (seaside but chilly so she was fully dressed including a jumper and long trousers). He said it MIGHT get used in a local community photo exhibition. I was okay with it, DH was okay with it and so was DD.

redbigbananafeet · 12/08/2022 08:56

Junipercrumble · 12/08/2022 00:09

No one in my circle of friends were aware of this.
Surely you must ask permission of the parent before snapping pictures or video clips of their children especially?
Paparazzi have no interest in taking random pictures of strangers or their children though, and surely they have to get permission first, either from a parent if they wish to capture images of a child, or an adult themselves if they wish to capture images of an adult?

You thought the paparazzi asked before taking photos of celebrities? When bald Britney was smashing a car window with an umbrella you think she gave permission? Or when that uk actor was caught trying to secretly swig vodka from a bottle outside a shop? They gave permission?

redbigbananafeet · 12/08/2022 08:58

Junipercrumble · 12/08/2022 00:24

So a random stranger, let's say an adult on their own, can walk into a playground and take pictures or videos specifically of my child, which then belong to the random stranger, and then post them on their own instagram page? 🤨
Without my permission?
With no consent from anyone?
Can I force them to delete the images if I catch them snapping away?
Does my child or myself have any rights to images taken by a complete stranger?
Surely it is a flagrant breach of our privacy?

You're in public. You don't have privacy in public.

burnoutbabe · 12/08/2022 09:01

Jk Rowling won a privacy claim against a newspaper for publisher pictures of her with her son on the streets.

That was in terms of her sone privacy and clearly he was named in the picture posted.

So generally now uk newspapers will obscure children of celebs pictures when they are clearly identified and just walking in public. Not when attending a public function though like a film premier.

It's a balancing act of 2 different human rights -article 8 and 10. Right to privacy versus freedom of speech.

Oiduntbelieveit · 12/08/2022 09:03

There are 3 laws to protect you. 1.GDPR law: Consent needs to be given as your photo is your personal data and there needs to be legitimate interest. 2. Indecent images law: photos of children in swimwear could be covered in this. 3. Harassment Law: feeling intimidated or distressed by a stranger taking your picture.

l think there is a case to confront anyone taking pictures of you or your children without consent and to be protected by law enforcement and the legal system. There is no reason for a stranger to photograph you or your children in public.

redbigbananafeet · 12/08/2022 09:03

As for the kid in the park where the man took a video and the mum posted about it on SM I'll bet the kid was acting poorly/vandalizing etc and that's why the man said he was sending it to police. And then rather than address her sons behaviour mum is Facebook ranting looking for people to jump in calling the man a pedo.

bakewellbride · 12/08/2022 09:03

Of course it's not illegal op & almost everyone knows this.

ReneBumsWombats · 12/08/2022 09:04

Those were covert, long lens pictures, which may also have made a difference.

Butitsnotfunnyisititsserious · 12/08/2022 09:04

Oiduntbelieveit · 12/08/2022 09:03

There are 3 laws to protect you. 1.GDPR law: Consent needs to be given as your photo is your personal data and there needs to be legitimate interest. 2. Indecent images law: photos of children in swimwear could be covered in this. 3. Harassment Law: feeling intimidated or distressed by a stranger taking your picture.

l think there is a case to confront anyone taking pictures of you or your children without consent and to be protected by law enforcement and the legal system. There is no reason for a stranger to photograph you or your children in public.

No your photo is not personal data unless there is identify accompanying information. GDPR advises this.