Can anyone take pictures of you no matter what you are doing?
This 2006 Times article written by a leading expert in the field of photographic privacy explains briefly the legal acceptability of publishing "photographic images" which are obtained under what amounts to public conditions.
Christina Michalos Considers the prevalence of camera phones and imaging-sharing sites on the internet and asks what someone can do to prevent a picture being taken and published. She argues, very little unless the image shows private information. From a legal perspective, if the photograph is original the copyright belongs to the creator. Similarly, the normal principles governing privacy also apply, that is, if a person takes a photograph of you in a public place there is no legal basis to prevent the taking or publication of it. This general principle is subject to some exceptions such as in Campbell v Mirror Group in which Naomi Campbell was successful in respect of images of her leaving a Narcotics Anonymous meeting.
The Campbell case is in apparent conflict with the European Court of Human Rights decision in Von Hannover v Germany, in which Princess Caroline of Monaco's private life was held to be infringed by paparazzi photographs of her in public places including when going out shopping. A non-celebrity may have more grounds to complain of an infringement of their right to privacy if the image is disseminated more widely than could have been expected,
as in the case of Geoffrey Peck whose attempted suicide was caught on CCTV and the footage widely released by the local council.
The Press Complaints Commission Code requires publications involving grief to be handled sensitively; therefore there could be scope for an injunction if images depict matters that would attract a reasonable expectation of privacy such as suicide attempts or serious accidents.
Cases referred to
Campbell v Mirror Group Newspapers Ltd~ [2004] UKHL 22; [2004] 2 A.C. 457 (HL)Von Hannover v Germany (59320/00)~ (2006) 43 E.H.R.R. 7 (ECHR)Peck v United Kingdom 44647/98 [2003] E.M.L.R. 15 (ECHR)
http://business.timesonline.co.uk/tol/b ... 633984.ece
Regards
JD
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