FlyerTalk Forums - View Single Post - Flight attendant demanded that l delete the picture!
Old Jul 17, 2014, 11:50 pm
  #31  
jbb
 
Join Date: Jul 2005
Programs: SQ *Gold
Posts: 871
Originally Posted by KenF
Sorry, I can't let that particular over-generalisation go without comment....

For the avoidance of doubt, my position is that whenever someone will be recognisable in a published image, it is polite to ask their permission, and abide by their wishes, regardless of the legal position in the country you happen to be in, and that is the way I do things personally.

However, it isn't correct to say that it is illegal to take an identifiable photograph in the majority of the world (my specialist knowledge covers the UK and US, but I've had to research other areas from time to time). In fact, it isn't even technically correct for Germany, though I agree that the result may be the same (it isn't illegal to take a photograph that includes someone's face in Germany, but it may well be illegal to publish it, unless it comes under one of the allowed exemptions)

For the UK, pretty much anything that is on, or (subject to some common sense exceptions) visible from public land is fair game - there is no "expectation of privacy" in a public place, and, contrary to popular belief, any argument that hinges on copyright is doomed to failure (copyright in an image rests with the photographer, not the subject). Even on private property, you are entitled to assume that you can photograph what you want unless previously advised otherwise - you only start to risk "committing an offence" if you fail to stop when asked (and, the above German precedents notwithstanding, if you attempt to grab someone's camera or force them to delete photos, you are very likely to be guilty of an assault).

Most of the above also applies to the USA, with the helpful addition that most US airports are municipal property, and are thus classified as "public property" (but watch for local bye-laws).

Some EU countries are a lot more strict (beware Spain, and those countries with a similar legal system), and I certainly would not advise taking a portrait of any random German on the street in their home country and then posting it on Facebook, not unless you have access to very cost-effective legal representation....

In this particular case, if the subject was (or contained) the FA, then their permission should have been asked before taking the picture, however, the FA overreacted, and two wrongs don't make a right! (No-one has the right to force you to delete a photograph, not even most law enforcement, though obviously a polite request should always be considered on merits).

As someone who enjoys documenting their travels with photos, all of this "you can't take photographs here" hysteria does tend to push my buttons, though I don't think anyone who wanders around pushing their camera into peoples faces and generally acting like a paparazzi does the rest of us any favours, but I'd rue the day that I'm told I can't take a picture of the Eiffel tower because there may be someone else standing in front of it......

Ken.

Willard the Bear - ...and anyway, who could refuse the opportunity to be photographed with me!
I am not a legal expert, but I always had the understanding as per Ken's description above that individuals in public spaces could not assume a right to privacy with regard photographs. This brings to mind a major scandal a few years back in Canada when individuals took pictures of Toronto Transit workers sleeping on the job. There was much criticism of the Transit Authority and their workers but no one questioned whether it was legal for subway passengers to snap the pics of the sleeping workers - so one would presume, that in Canada at least, its fair game to take pictures of workers at their jobs in public places.

http://www.citynews.ca/2010/01/22/tt...ng-on-the-job/

Last edited by jbb; Jul 18, 2014 at 2:41 am
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