Lawrence,
If the photographer was working for a newspaper and the photograph was
published then you may have had cause for a complaint to the Press
Commission for a breach of Clause 4 (harassment) of the PCC's Code of
Conduct.
Some years ago the PCC upheld a complaint made against the Dorking
Advertiser after the newspaper published without consent a photograph of a
man and his companion eating in a restaurant. The complainant maintained
the taking and use of the photograph demonstrated a lack of respect for
both himself and his companion, as the reporter/photographer had no
knowledge of their identities or the circumstances of their meeting.
The newspaper maintained that the pictures were merely illustrative of the
atmosphere of the restaurant and did not seek to intrude into the privacy
of its clienteleanfd that as a restaurant was a public place the
complainant had no reasonable expectation of privacy.
The PCC in it's decision considered an important matter of principle was
at stake stating that an individual can still have a reasonable
expectation of privacy even in places which are accessible to the public
and that customers of a quiet cafe/restaurant could expect to sit inside
without having to worry that surreptitious photographs would be taken of
them and published in newspapers. Food for thought!
regards,
Kevin Broadfoot
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