Just to let you know my take on this
* Taking photos on a digital camera for a memento of a wedding
or for my own hobby - domestic purpose exemption very likely.
* Taking photos on a digital camera for an exhibition - could be
special purposes exemption
* Taking a single photograph on a digital camera of a crowd of
individuals - might not even be personal data - consequence of Durant
(e.g. when the individual, although potentially recognizable, is
incidentally in the photo as part of the background)
* Taking many photographs on a digital camera of an individual
because they are doing something "of interest to the public" and because
I am a free-lance member of the paparazzi - its personal data - (and the
special purpose might (or might not apply) - it will turn on the "public
interest" test).
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of David Aspinall
Sent: 09 January 2004 12:02
To: [log in to unmask]
Subject: FW: [data-protection] photos in exhibitions
Being terribly subjective, the difference between the wedding party and
the
football crowd seems to be whether the individual is the subject of the
photograph or merely incidental to it.
Realise this opens a minefield of interpretation but it's the only
difference I can detect.
David Aspinall
Datum Solutions Limited
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Cashmore, Stuart
Sent: 09 January 2004 11:18
To: [log in to unmask]
Subject: Re: [data-protection] photos in exhibitions
I actually broadly agree with you - I have the utmost respect for
peoples'
privacy and would never take a picture that I thought would cause
offence.
Of course, the subject and I might not agree as to whether or not it
causes
offence...
What I am interested in is the boundaries of "public place" and "right
to
privacy". For instance, I spent some time visiting the Roman remains at
Pompeii recently and took lots of pictures (100+) of the site. By the
very
nature of a place like that - a major tourist attraction - it was very
crowded. Some of my pictures, try as I might, unfortunately include
other
tourists (I would actually they weren't in shot). Should I have asked
their
permission to include them?
If the answer is yes then we must all give up taking pictures of
anything in
which there are people other than those from whom we can get explicit
permission to be included. So forget your holiday snaps unless you can
guarantee no strangers are in shot. Which brings me back to my earlier
point
about people in football crowds.
The common sense answer (I hope) is no - and this is the boundary I am
interested in. Why is it ok in some circumstances to take pictures of
complete strangers without there consent but not at other times?
Stuart
-----Original Message-----
From: Turner,Tim (Corporate Resources)
[mailto:[log in to unmask]]
Sent: 09 January 2004 11:05
To: [log in to unmask]
Subject: Re: photos in exhibitions
But does this mean that if you don't leave the house with a bag on your
head, you're fair game? Admittedly, the bag might itself make one worthy
of
a photograph, but the logical consequence of what you're saying is that
a
camera is an automatic licence to capture any image one chooses to.
Little kids in playgrounds, and road accidents are two examples of
things
happening in public places, but I don't imagine amateur snappers would
be
queuing up with their Nikons in those instances. And who defines a
public
place? Surely if you don't draw your curtains, someone might claim
you're
making yourself public. But if someone gets their camera out because an
"interesting" picture beckons, I think an emphatic right to some measure
of
privacy might be asserted - with fists, if nothing else. Nothing stops
the
photographer taking the picture and then asking for permission to use it
afterwards - and if you think the person might say no, or feel
uncomfortable, does that put the "snatched" picture in a different
light?
Tim Turner
Data and Information Security Officer
Derbyshire County Council
Tel: 01629 580000 ext 7373
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
[SMTP:[log in to unmask]] On Behalf Of Cashmore, Stuart
> Sent: Friday, January 09, 2004 10:46 AM
> To: [log in to unmask]
> Subject: Re: [data-protection] photos in exhibitions
>
> Tim's response to my (deliberately provocative) e-mail misses the
> point. Being a face in a crowd doesn't make you any less recognisable
> in a still photo, and TV images can have individual images frozen -
> and that's
without
> getting into really complicated image manipulation. In any case, where
does
> a "crowd" start? Ok, I have to get permission from a single person, or
> a couple. But what about 20 people, or 50, or 100? When does Tim's
> "crowd" begin?
>
> National newspapers tend to send a single photographer to a football
> match
-
> a "lone" photographer". So he/she would have to ask everyone for
> consent
if
> he/she took a picture of the crowd? Whereas the dozen or so TV camera
> operators at a typical Premiership match wouldn't have to?
>
> As a keen amateur photographer myself I often take pictures of people
> - sometimes individuals, sometimes groups - in public places because I
> think they make interesting photos. I rarely know if the picture I
> take is one that I will wish to exhibit until (i) I see the finished
> product and (ii)
an
> exhibition opportunity arises for which the photo would be suitable.
> Do I ask permission on spec? Also, many pictures "work" because they
> are
snatched
> moments, taken when the subject is unaware and so is doing something
> completely natural. If you had to ask permission beforehand then many
> photos, widely acclaimed on artistic grounds, would simply not exist.
>
> In actual fact I think in this specific case the photographer WAS in
> the wrong - he/she knew specifically that it was being taken for
> exhibition - but I don't think you can generalise in the way that many
> contributors
have
> suggested.
>
> Stuart
>
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