Dnia czwartek, 26 marca 2015 23:36:33 Seth pisze:
On Wed, 25 Mar 2015 15:48:54 -0700, Razer <Rayzer@riseup.net> wrote:
I called the police on a "Nicotine Nazi" one evening in my California town after he stuffed a camera in my face and called me a 'criminal' (if he only knew...) for ROLLING (not smoking) a cigarette on a Starbucks patio and was informed by the police it IS legal to take 'portrait photos' without the subject's permission (assuming they stay out of arms reach), and further (in case you were wondering why bullying is so prevalent) that you can say anything you want short of threats of violence and it IS NOT "assault".
Was the Starbucks Patio visible from a 'public' area, like the sidewalk? Then one could argue you don't have much of an expectation of privacy.
So Polish law is interesting here: basically, one can make a picture without consent of people visible on the picture as long as they are not the apparent topic of the picture. I.e. you can have a picture of a public space with some random tourists, and you can publish that on the Internet without asking these tourists for approval. On the other hand, if you make a picture of a particular person or persons, even in a public setting, where they are apparently the topic of the picture, it's illegal without their consent. It's obviously a bit of a blurred line, but I think it's a much better way of handling this than "if you're in a public space, you have no expectation of privacy" bullshit. Privacy is a bit more complicated than that. -- Pozdrawiam, Michał "rysiek" Woźniak Zmieniam klucz GPG :: http://rys.io/pl/147 GPG Key Transition :: http://rys.io/en/147