Photography is a profession with laws guiding it like every other profession.
All photographers must know and abide by these laws, including smartphone photographers. There are smartphone photographers nowadays since the advent of smartphones has turned everyone into a photographer. Just a click and a best or worst moment being photographed and preserved. This unsolicited picture-taking makes many wonders if their privacy rights are not being violated.
Here are frequently asked questions on picture taking that can serve as guides for real photographers, the subject (individual photographed), and smartphone photographers.
Taking pictures of people without permission is called?
The term used for it by some photographers is candid.
These pictures are snapped by a candid camera, an unobtrusive and concealed camera used to obtain an unposed photograph of usually unaware people.
Lots of these pictures are on the internet, most taken by street photographers.
Is it illegal to take pictures of someone without permission?
The meaning of illegal is contrary to or forbidden by the laws, especially criminal law.
Something being illegal means it’s prohibited by law, and anyone that is indulging in it may be indicted.
Taking pictures of people in a restroom or dressing room is illegal because the privacy rights of the people have been violated by taking their picture in such a place. any photographer who takes this picture can be sued for it.
However, photographing people in public places like parks or town squares is legal. It’s legal since people have placed themselves in public locations and shouldn’t expect privacy.
When walking in a park or town square, anyone can take your picture, it isn’t illegal since you’re in a public location.
Is it illegal to take pictures of someone at work?
An employee taking a picture of another employee at work or a customer, in the case of a supermarket, taking a worker’s picture can be legal and illegal, depending on the rules and regulations created by the owner of the place or the type of work.
For example, taking pictures in a medical office is illegal because information about a patient’s condition may be taken with the picture, or a patient may be photographed with it.
Also, some parts of the White House in the USA cannot be photographed.
But if there is nothing private about the worker or the working place, it is not illegal since a working place is also a public location.
Is it illegal to take pictures of someone at school without their permission?
This question is broad and can be categorized into two different parts.
- Can a teacher take a picture of a student in class without the student’s permission?
- Can a student take a picture of a teacher without the teacher’s permission?
The question involves the teacher and student only since they’re the category of people in a school setting.
Can a teacher take a picture of a student in class without the student’s permission?
A student’s picture is required for some purpose in school, a teacher can only take a picture for this reason after being permitted by the student, or if the student is under 18, the parent’s permission will be needed.
A picture of a student that is over 18 years of age, taken at a public place like a park or playing ground isn’t illegal because the student is in a public place, except if it’s to be used for a commercial purpose, then a release should be signed by the student, or the parents can sign it on behalf of the student.
Can a student take a picture of a teacher without the teacher’s permission?
The student who takes a picture of a teacher without the teacher’s consent would be punished by the school authority.
With the teacher’s permission, a student can take a picture of the teacher. This also depends on the rules created by the possessor of the school.
A public school is owned by the public, so there is no trespass on the part of an individual that walks into it. But a private school is owned by an individual, so the consent of the individual must be sought before anything can be carried out in it.
Is it harassment to take picture of someone at work?
The meaning of harassment is persistent attacks and criticism causing worry and Photography doesn’t in any way mean this. Also if the picture is taken in a public place so long as it doesn’t obstruct the person’s movement.
Taking a picture of a person tending to his lawn at a closure can be termed harassment because the privacy right of the person is violated by stepping on his property without his permission, but a picture taken from a distance isn’t harassment.
The picture was taken from a distance but showed private things about the person. an example, the picture of a window that shows the inhabitant of the house undressing is harassment, and the photographer may be sued for it.
What to do if someone takes a picture of you:
Nothing, except the picture, was taken at a place where there ought to be some privacy, like a restroom or dressing room, you can put in a call to the police if you’re in such a situation.
It’s legal to take pictures in public places, so if you are photographed in a public place and you confront the photographer who happens to know the law of photography, a few possible things can happen:
- He will delete the photo if it’s not a great shot. he won’t mind and leave.
- He will tell you that he had deleted the photo and he didn’t, but you will leave with the belief that he had deleted it.
- He will claim his right by telling you that you are in public and should not expect privacy
- If you become violent and destroy his equipment, he reports to the police. you will be arrested while he leaves because he didn’t do anything illegal.
Can you sue someone for taking a picture of you without your permission?
The issue here is not if either the picture is taken in a public place or not. It’s what the person does with your picture or who the person is.
If the picture is used for a commercial purpose or in some way that might defame or causes you harm, you might sue the person.
Who the person is also matters. if it’s a person you are suspicious of or trying to stay clear off because you fear he(she) might harm you, you might sue the person.
Is it illegal to send a picture of someone without their consent?
Sending or posting a picture of a person will be considered illegal if the picture was taken at a place any reasonable person will expect privacy.
If the picture was sent to you by the person, a picture he(or she) takes, and he (or she) doesn’t permit you to send the picture, it may be considered illegal if the picture was sent or posted by you.
However, if the picture was taken in a public place by you, you have the right to post or send it to anyone you want in as much as it doesn’t defame or cause harm to the person.
Note: Many pictures of celebrities would not have been on the internet if it was illegal.
Photography is not a crime and should not be turned into a crime from ignorance. It’s legal to photograph anything and anyone on any public property within reasonable community laws. Lots of stuff wouldn’t have been noticed but for photography.
It is also a lucrative job that can be taken on by anyone who has an interest in it.
These aren’t verdicts from an attorney.