[Cryptography] "Most Americans Don't Mind Being on Candid Camera"

[rysiek]

Dnia czwartek, 26 marca 2015 23:36:33 Seth pisze:
> On Wed, 25 Mar 2015 15:48:54 -0700, Razer <Rayzer at 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
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