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Davids 04-12-2009 11:31 AM

permition to make a photo - EUROPEAN COURT OF HUMAN RIGHTS
Recently the European Court of Human rights has passed a <a href=" reklos&sessionid=21929082&skin=hudoc-pr-en" target="new window">judgement</a>, declaring that permission to make a photo is needed;
"The Court reiterated that the concept of private life was a broad one which encompassed the right to identity. It stressed that a person’s image revealed his or her unique characteristics and constituted one of the chief attributes of his or her personality. The Court added that effective protection of the right to control one’s image presupposed, in the present circumstances, obtaining the consent of the person concerned when the picture was being taken and not just when it came to possible publication."
In the past, this was free to make photos of other people in Europe, as long as the photo wasn't published. It is a clear turnaround in European law. The number of publications and discussions is still very low . . . so I know as much as you do, maybe someone can clarify it?

maglex 04-12-2009 06:31 PM

permition to make a photo - EUROPEAN COURT OF HUMAN RIGHTS
Hi David, thanks very much for posting this in the forum and informing us. This is a very interesting development in photography and as I am very interested in street photography I take a lot of people photos who I dont really know. This would surely change the way street photographers will approach their composition but a lot of 'life' will be lost in the photographs. How would that affect certain European members of TE?


Davids 04-13-2009 04:55 AM

well . . . I don't know . . . what if someone finds his/her face on a photo on a site . . . sues&wins . . . and websites start removing photo's like this . . . Europe would become a place of empty cities and landscapes . . .
Ed van der Elsken made an impressive series about Paris once . . . even that would not be possible anymore . . .
I like to know what the implications are for national law once the ECHR made this judgement . . .

mikeyeats 04-13-2009 09:26 AM

So how does government get on with all the CCTV cameras taking photos of us all every day?
How do you get the permission of 90,000 people at a football match, how do you get on when you want to take a picture of the Eiffel tower in summer. It strikes me as being a stupid ruling that will make bad law that will be almost impossible to use .

siolaw 04-13-2009 09:59 AM

Re: permission to make a photo
I am glad i live in Asia...

Polonaise 04-13-2009 12:27 PM

Re: permission to make a photo
You are one heck of a lucky fella, Laurent.

It's a pure hell in here...No photos of the people allowed in the rotten, decadent West.
I take the fotka with the people in it ( accidentally) and I drop on my kness and thank to God that I'm still alive !

And, the things are getting even worse day the day.


maglex 04-13-2009 02:17 PM

Re: permission to make a photo
I guess that is correct, people are the life and blood of photographers like Polonaise ...I cant imagine him posting a photo of the Himalayas with all its majestic snow covered peaks glowing from the first kiss of light, I would not want to see him do it too :> ... I would want to know though, what the reaction would be of influential agencies like mgnum photos if it pushes through. There is no such law yet in my region but it is strictly prohibited to take photos in metros, train stations, business districts, museums and so on making it a really challenging act to take one shot not being caught by security, not even mentioning being able to publish it at all! A couple of years ago photography within Manila without acquiring a permit from the mayor's office was not allowed ---> a bunch of lifeless, history-deprived paranoid people thinking anyone carrying a lens could be a member of some extremist organisation!

Ok, ok, maybe a TE extremist...

pen 04-14-2009 06:13 AM

Re: permission to make a photo
Can we say that Photography is in for a big change? and will not be the same as it was used to be with this "Judgment". Actually i have a recent experienced in manila at LRT to be exact where the guards advise me not to take photo of their installation, whoa! i think it's because he saw my dangling camera hence the pre-emptive advise. Also i have this experience in Beirut Lebanon at around mid 90's, i was shooting Beirut panoramic view when suddenly a woman approached me and told me to get her consent first before making my shot... so, yes David this would make photography a bit of a messy passion/profession. I'd say let's just shoot for the stars, the moon, the birds & the trees and ..
Cheers ...

trekks 04-15-2009 03:43 AM

Re: permission to make a photo
salut Laurent

In Asia, YOU are the law :) with a good dose of humor, cheers, B

CMJC 04-15-2009 12:03 PM

Re: permission to make a photo
to Davids
please cann you give us the way to this judgement because if i click i cann't find it.
I hope this judgement was more accurate because most people are OK to bee taken in photo and we don't need to have an writting autorisation! I hoppe so! the probleme cann come with public mens (or womens too!) who want to make money with there shoots?...
but its hard too me in english! so in french:
je pense que très souvent nous avons un accord tacite des personnes photographiées; mais c'est vrai qu'il faut veiller à l'avoir, ne serait-ce que par un petit si.gne, un sourire etc... il ne faut pas oublier aussi que certaines civilisations ressentent les photos comme un vol de l'identité... à nous de savoir être simplement sensible aux ressentis des personnes photographiées, et d'accepter leur éventuel (mais pas si fréquent que ça) refus

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