GDPR European privacy ??will it kill urban photography??

Started May 26, 2018 | Discussions
splashy
splashy Veteran Member • Posts: 3,127
GDPR European privacy ??will it kill urban photography??

As off may 25 an European law is active. A part is about who is on your (urban) pictures.

Basically you need permission from EVERYBODY who is on your pictures, this is not doable unless you blur all faces, that's why this question.

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fad
fad Forum Pro • Posts: 17,652
Re: GDPR European privacy ??will it kill urban photography??

splashy wrote:

As off may 25 an European law is active. A part is about who is on your (urban) pictures.

Basically you need permission from EVERYBODY who is on your pictures, this is not doable unless you blur all faces, that's why this question.

It doesn't look good. See here

But there may be an exemption for artisitic SP, depending on the country:

There are exceptions for artistic street photography.

nocendi
2 points·21 days ago

Cite? I don’t doubt you, but I’m not tempted to stroll through a thousand pages.

gosuland
https://instagram.com/gosuland1 point·21 days ago

Regarding the general regulation

Details about street photography

German links tho.

VegetableInfluence0
1 point·22 days ago

Oh that's good at least.

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Frank
http://sidewalkshadows.com/blog/
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Shot in downtown Manhattan, mostly

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danmitch
danmitch Contributing Member • Posts: 548
Re: GDPR European privacy ??will it kill urban photography??
1

splashy wrote:

As off may 25 an European law is active. A part is about who is on your (urban) pictures.

Basically you need permission from EVERYBODY who is on your pictures, this is not doable unless you blur all faces, that's why this question.

I am not worried at all. Frank has quoted a site from Malta which has very different laws.

According to the GDPR legislation:

"This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity."

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Best - Daniel
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fad
fad Forum Pro • Posts: 17,652
Re: GDPR European privacy ??will it kill urban photography??

danmitch wrote:

splashy wrote:

As off may 25 an European law is active. A part is about who is on your (urban) pictures.

Basically you need permission from EVERYBODY who is on your pictures, this is not doable unless you blur all faces, that's why this question.

I am not worried at all. Frank has quoted a site from Malta which has very different laws.

According to the GDPR legislation:

"This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity."

What you have quoted only applies to strictly personal use. It doesn’t apply to processing which includes publication online.

What you have quoted only applies to strictly personal use. It doesn’t apply to processing which includes publication online.

The issue is whether there will be an exemption for artistic use, as there is now.    I suspect, at this early date, that will be decided on a country by country basis.   I suspect that most of us will be OK.

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Frank
http://sidewalkshadows.com/blog/
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fad
fad Forum Pro • Posts: 17,652
Re: GDPR European privacy ??will it kill urban photography??
1

On a theoretical level, The EU recognizes a conflict between the right of free expression and the right to privacy.

In the US we are protected by the First Amendment to the constitution and a long series of court cases.

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Frank
http://sidewalkshadows.com/blog/
Photos look better in Original Size
Shot in downtown Manhattan, mostly

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danmitch
danmitch Contributing Member • Posts: 548
Re: GDPR European privacy ??will it kill urban photography??
1

fad wrote:

On a theoretical level, The EU recognizes a conflict between the right of free expression and the right to privacy.

In the US we are protected by the First Amendment to the constitution and a long series of court cases.

All the UK laws are subject to judicial interpretation and it will take some time and plenty of case law to establish precedent on the grey areas of GDPR. As somebody who doesn't do street photography commercially, I am not concerned - if I made my living from it, I would probably be a little more cautious, as I would be storing personally identifiable information without consent.

There is however provision made for exemptions for journalism and art - to be ratified in member state laws, specifically:

"The processing of personal data solely for journalistic purposes, or for the purposes of academic, artistic or literary expression should be subject to derogations or exemptions from certain provisions of this Regulation if necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information, as enshrined in Article 11 of the Charter."

I am not a lawyer, but my work in IT security has meant I have spent quite a bit of time on the subject of late, albeit with regard to general commercial implications rather than for photography.

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Best - Daniel
A few photos and thoughts at https://www.danmitch.photography

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isme Contributing Member • Posts: 837
Re: GDPR European privacy ??will it kill urban photography??

splashy wrote:

As off may 25 an European law is active. A part is about who is on your (urban) pictures.

Basically you need permission from EVERYBODY who is on your pictures, this is not doable unless you blur all faces, that's why this question.

lol

splashy splashy ..all over the webby

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