Interestingly (well I find it interesting!) I recall that you have the
absolute right to refuse to be photographed at all. Nothing to do with the
DPA, and form a law enacted way before we even thought about data.
Oh, it being Friday, Mussorgsky would appreciate this thread. I vote for
"The Great Gate of Kiev"
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Cashmore, Stuart
Sent: Friday, January 09, 2004 11:18 AM
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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