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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