# Street shot in full compliance with new EU rules



## otherprof (Nov 28, 2018)

(A previous post of mine elicited the information that many (or all) countries in the EU have passed laws making it illegal to take pictures of people in the street, even in public places, under many conditions ) This is actually a design on a bus stop in Paris.


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## D7K (Nov 28, 2018)

They did what?! Is that serious? So only the government can take pictures of you? I don’t believe there is any enforceable way to even contemplate such a law......


Sent from my iPhone using ThePhotoForum.com mobile app


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## smoke665 (Nov 28, 2018)

otherprof said:


> (A previous post of mine elicited the information that many (or all) countries in the EU have passed laws making it illegal to take pictures of people in the street, even in public places, under many conditions ) This is actually a design on a bus stop in Paris.
> 
> View attachment 166404



Way to go!! Love it


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## Braineack (Nov 28, 2018)

D7K said:


> They did what?! Is that serious? So only the government can take pictures of you? I don’t believe there is any enforceable way to even contemplate such a law...



it's less about taking the picture and more about publishing it without permission.


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## Fujidave (Nov 28, 2018)

Love it, I WILL carry on taking photos of folk and sharing on my new Flickr.


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## BananaRepublic (Nov 28, 2018)

Fujidave said:


> Love it, I WILL carry on taking photos of folk and sharing on my new Flickr.



Try saying that to a Parisian Gendarmerie


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## otherprof (Nov 28, 2018)

gk fotografie said:


> otherprof said:
> 
> 
> > (A previous post of mine elicited the information* that many (or all) countries in the EU have passed laws making it illegal to take pictures of people in the street, even in public places, under many conditions* ) This is actually a design on a bus stop in Paris.
> ...


Shocking! Fake news!


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## Jeff15 (Nov 28, 2018)

Don't worry, Europe talks a load of rot sometimes.......


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## Braineack (Nov 28, 2018)

BananaRepublic said:


> Fujidave said:
> 
> 
> > Love it, I WILL carry on taking photos of folk and sharing on my new Flickr.
> ...



How can they stop you?


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## Fujidave (Nov 29, 2018)

Braineack said:


> BananaRepublic said:
> 
> 
> > Fujidave said:
> ...



For me, they can not stop me at all.


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## Ron Evers (Nov 29, 2018)

The above posts leave me confused so I searched for info.  Among several links I found this one dated May 2018:

New EU Data Protection Law Could Affect People Who Take Pictures With Their Phones 

Looks like I took illegal pics in Portugal this year.


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## Designer (Nov 29, 2018)

Ron Evers said:


> Looks like I took illegal pics in Portugal this year.


Is it the taking of the pics or the publishing of them online?  What if you just took the pics but did not publish them?  

Nevertheless, we should all strive to protect the privacy of every European who is out in public like that.


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## BananaRepublic (Nov 30, 2018)

"Im from the government and Im here to help"

Im from Ireland, On a day to day basis the GDPR rules are more or less red tape for businesses more so than anything else. This does however affect the average Joe citizen at times. The main element applies to business and governmental organisations who are meant to keep your data safe, ie not sell or otherwise let carpetbaggers access to your personal details, name, age, social security, email address, bank details etc.
How do business get around this:   Well take the internet, prior to these rules coming in if I i was to surf the net I assumed that every site I visited used my data for their own means, sell it on or for some other marketing strategy, now every site that I visit asks me to accept the security rules and if you dont you cannot access the website. If you click accept then the site can sell your data out the back of a van because you have given your consent; so actually all thats changed is that you are reminded your data is being pimped.  Flip side I can theoretically at least demand that a company wipe their mainframe or desk drawer of all information the have on me for example facebook would have to wipe me off their system, within the EU. 

Generally when I encounter an incompetent company who did something stupid like take money from my bank by mistake a fast solution to getting a refund is to mention GDPR and data breech down the phone and they are forced to jump high and fast as you can make a complaint officially to the government.

As far a photos go citizens have the right to demand that any images or video clips that might identify them can be removed from the public sphere, ie the internet but the enforcement of this would be in the hands of the government and the big firms Google etc . However if you were to offer them a euro to take their portrait that might be construed as them giving you consent to use that image.


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## AlanKlein (Nov 30, 2018)

So, as an American, what should I expect when traveling to Europe?  I like to take photos of my trip with a camera not a cell phone.  Movie clips too.  Should I save my money and go to Asia?


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## Ron Evers (Nov 30, 2018)

AlanKlein said:


> So, as an American, what should I expect when traveling to Europe?  I like to take photos of my trip with a camera not a cell phone.  Movie clips too.  Should I save my money and go to Asia?



This Canadian & wife have decided to go to Costa Rica next instead of Spain.


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## Braineack (Nov 30, 2018)

Ha, we we're planning Costa Rica, but will probably go to Spain and Portugal instead next year.

There's nothing to worry about. Go shoot pictures in EU.


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## D7K (Dec 1, 2018)

It's fine to shoot pictures and video in Europe, As said above this is probably a misunderstood part of the new laws governing personal data.  There's thousands of street photogs in this city, and I can guarantee they are not getting consent and disclosure agreements signed when they shoot and post.

I don't think much else has changed, should they see the photograph and demand you remove it, they have a stronger case / rights in order to make you do so.. as is my understanding..


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## Ron Evers (Dec 1, 2018)

Braineack said:


> Ha, we we're planning Costa Rica, but will probably go to Spain and Portugal instead next year.
> 
> There's nothing to worry about. Go shoot pictures in EU.



Our plan for 2018 was the Spain & Portugal tour but we were too late as it was booked up.  We took the Portugal & Madeira as the alternative.  Madeira is a photographers dream.  The airport is the only level ground; well ground is not accurate, as the runway is a trestle over the ocean.  

Here is a fishing village.


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## Braineack (Dec 1, 2018)

did you ride in a wicker basket?


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## Ron Evers (Dec 1, 2018)

Braineack said:


> did you ride in a wicker basket?



No, but some of our group did.  No longer do the operators carry the sleds back up the mountain, they drive them up in a van.


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## BananaRepublic (Dec 1, 2018)

AlanKlein said:


> So, as an American, what should I expect when traveling to Europe?  I like to take photos of my trip with a camera not a cell phone.  Movie clips too.  Should I save my money and go to Asia?



Nah but Ive had some run ins with French who would have smashed my camera on the ground only for it being around my neck, but this was before the data laws and they just happened to walk in front. Main thing be aware of yourself. Just think what advice would you give a European nervous about visiting the US.


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## weepete (Dec 1, 2018)

Yeah, it's ridiculous. 

I think the GDPR only applies to publication and not data processing though, so you can take the shot, just not publish it.


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## Granddad (Dec 1, 2018)

On the positive side, say for example a street photog took a picture of me picking my nose and then sold it and it was used by Kleenex in a major advertising campaign. I'd have a pretty good chance these days of threatening to sue and getting a decent settlement.


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## AlanKlein (Dec 1, 2018)

Granddad said:


> On the positive side, say for example a street photog took a picture of me picking my nose and then sold it and it was used by Kleenex in a major advertising campaign. I'd have a pretty good chance these days of threatening to sue and getting a decent settlement.


Keep your hands in your pockets.


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## photoflyer (Dec 2, 2018)

Designer said:


> Nevertheless, we should all strive to protect the privacy of every European who is out in public like that.



Sarcasm?  If one wants privacy, by definition, don't go out in public.


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## Tim Tucker 2 (Dec 2, 2018)

Just to be perfectly clear here, there is no new law that affects your right to carry out your lawful business in a public space and this includes photography for commercial use in the UK.

New laws were brought in regarding *data protection* specifically the collection and use of personal data with regard to names, addresses, purchasing histories, medical records, etc for commercial use. You cannot collect such information and sell the lists to marketing companies and their like without informing those who complete forms and volunteer the information. There is a specific need for this regarding the internet but it applies to all personal data and has little to do with publication.

That is all. The act is really about freedom of information and an individuals right to know what records are being held by whom and covers what they can and can't do with it without the individual's consent.

That some scare mongering has been going on whereas some have interpreted the new laws to include *photographs* as *personal data* on the fountain of information called *the internet* is really bending both the letter and intent of the legislation to the extreme. Photographs themselves contain no actual personal *data* as covered by the legislation.

_EDIT: To be a little clearer on this point, if you were an organisation who invited the public to a public event and then recorded that event and the persons that attended then the complete records you have *including* the photos would be subject to GDPR and you would need the consent of those who attended to *process* or use the information. But this would be no different from the *best practice* guidelines and legislation that already exists. Just the same as a wedding photographer needs consent of the subject if they were to utilise shots for promotional use. It applies to *organisations* and their collection and use of data and an individual's right to access and have the information removed. It does not apply to the occasional photo by a photographer who can claim *legitimate interests* unless the *data* collected compromises or violates an individual's reasonable right to privacy._


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## BananaRepublic (Dec 3, 2018)

Tim Tucker 2 said:


> Just to be perfectly clear here, there is no new law that affects your right to carry out your lawful business in a public space and this includes photography for commercial use in the UK.
> 
> New laws were brought in regarding *data protection* specifically the collection and use of personal data with regard to names, addresses, purchasing histories, medical records, etc for commercial use. You cannot collect such information and sell the lists to marketing companies and their like without informing those who complete forms and volunteer the information. There is a specific need for this regarding the internet but it applies to all personal data and has little to do with publication.
> 
> ...



In Ireland there are some car insurance companies are promoting the use of dash cams as a means to drive down premiums. There has been a sort of backlash against that practice in the media with a story that those who might post bad driving incidents online could find themselves on the wrong side of the courts because GDPR would be breeched. Its not overall important or relevant here but there is a-lot of scare mongering.


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## Braineack (Dec 3, 2018)

BananaRepublic said:


> In Ireland there are some car insurance companies are promoting the use of dash cams as a means to drive down premiums. There has been a sort of backlash against that practice in the media with a story that those who might post bad driving incidents online could find themselves on the wrong side of the courts because GDPR would be breeched. Its not overall important or relevant here but there is a-lot of scare mongering.



That happens all the time.   Don't post your crimes online; pretty simple mantra.


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## Tim Tucker 2 (Dec 3, 2018)

BananaRepublic said:


> In Ireland there are some car insurance companies are promoting the use of dash cams as a means to drive down premiums. There has been a sort of backlash against that practice in the media with a story that those who might post bad driving incidents online could find themselves on the wrong side of the courts because GDPR would be breeched. Its not overall important or relevant here but there is a-lot of scare mongering.



Aye, trial by social media. This is often only about revenge against perceived wrongs and in many cases has little to do with  law at all. Though it is a problem the police are all for dash cams just against peoples irresponsible use of the footage on social media.


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## johngpt (Dec 4, 2018)

The solution might be that when in Europe, we only photograph via daguerreotype. The exposure is so long that no moving persons will ever be in the frame...


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## bribrius (Dec 5, 2018)

Eu going socialist/communist anyway me thinks. Shouldnt be long they got the jack boot on your neck just for having a camera.


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## BananaRepublic (Dec 6, 2018)

bribrius said:


> Eu going socialist/communist anyway me thinks. Shouldnt be long they got the jack boot on your neck just for having a camera.



Actually the rise of right wing facist  governments in Europe and within the EU is quite an issue, Austria, Poland, Hungary, Italy. there's also a minority in France and Germany. There is nothing like communism in Europe. 

Socialism and Communism are not the same thing


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