I agree that this would depend on the reasons for the photographs, but
clarifying what the personal use is should also be considered.
I recall reading in the local paper about a man who would travel on the
local bus taking pictures of the back of women's heads (whatever turns you
on I suppose!) after a number of complaints he was arrested and when the
police raided his house they found hundreds of pictures. Now he could argue
that the bus is a public place, and that the photographs were never intended
for publication, but obviously his reasons for taking the photographs were
not exactly innocent.
At the same time though, I could be in the pub with my mates taking pictures
of us that just happen to include some very attractive women in the
background. They could complain, but I hardly think it would be upheld. If
you then consider also that magazines like LOADED/FHM have a section of
readers photos (not that sort) where they actually highlight people in the
background, I'm sure this is done without consent from all involved.
Duncan
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of datap
Sent: 22 February 2006 11:58
To: [log in to unmask]
Subject: Re: [data-protection] Photos as personal information
I would consider a cafe to be the public domain as it is an area open to
and used by members of the public. But I would argue that consent would
depend on what the photograph was to be used for.
If the person taking the photo was doing so for their own personal use
this would be exempt from DPA under domestic purposes, but if that
person entered it in a competition / sold it to a magazine then I would
hope they would collect your consent - unless you are not identifiable
from the picture.
Tanya Holden
Information Governance Manager
Metropolitan Housing Partnership
>>> Lawrence Serewicz <[log in to unmask]> 22/02/2006
11:51:55 >>>
The current discussion on filming graduations has raised an additional
question for me.
I was in London last summer and someone took my photo as I sat in
coffee
shop window. I was wondering if the photographer needed to obtain my
permission and if I had any redress. For example, someone sitting
inside
a cafe is not out on the street or attending a public event, which
would
indicate that they have some measure of privacy. I can see the flip
side
of this argument, where the photographer might argue that when someone
leaves their home they have entered the "public domain".
I would be interested in people's views on the matter.
Best,
Lawrence
Lawrence W. Serewicz
Scrutiny Manager
Management Support Unit
Wear Valley District Council
01388-761-985
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