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Rikkitic
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  #1723533 21-Feb-2017 10:15
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Geektastic:

 

It's perfectly legal to take photographs of people in public places without their consent, however, provided said images are not indecent.

 

It would not be legal to use those images for anything other than editorial use unless you obtained Model Consent.

 

It would not be legal (generally) to take images of a person in a place where they had a reasonable expectation of privacy (e.g. in their own back yard) but someone standing on a street in public? They may not like it but that isn't relevant to the legality of doing it.

 

 

Try standing in front of a girl's school with a camera and photographing the children as they come out and see how far you get.

 

 

 

 





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Geektastic
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  #1723582 21-Feb-2017 11:14
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Rikkitic:

 

Geektastic:

 

It's perfectly legal to take photographs of people in public places without their consent, however, provided said images are not indecent.

 

It would not be legal to use those images for anything other than editorial use unless you obtained Model Consent.

 

It would not be legal (generally) to take images of a person in a place where they had a reasonable expectation of privacy (e.g. in their own back yard) but someone standing on a street in public? They may not like it but that isn't relevant to the legality of doing it.

 

 

Try standing in front of a girl's school with a camera and photographing the children as they come out and see how far you get.

 

 

 

 

 

 

Provided your images were for legitimate editorial purposes, and the children are outside the school premises, it still wouldn't be illegal.

 

In the Police's own words:

 

"It is generally lawful to take photographs of people in public places without their consent. However, you must not film or take photos of people if they are in a place where they can expect privacy (such as a public changing area or toilet) and that person:

 

is naked, in underclothes, showering, toileting etc
is unaware of being filmed or photographed
has not given consent to be filmed or photographed.
You should not take photos of people if:

 

they are in a place where they would expect reasonable privacy and publication would be highly offensive to an objective and reasonable person
it has potential to stop other people's use and enjoyment of the same place
you have no legitimate reason for taking the film or photos.
However, you can take and/or publish photos or film of people where there is no expectation of privacy, such as a beach, shopping mall, park or other public place."






BTR

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  #1723682 21-Feb-2017 13:06
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Long story short you have a right to photograph where you were and they have a right to ask you for ID. Now I'm not sure if they can ask you to leave because they could quote "public safety", its a very grey area that a court would need to decide I would imagine. 

 

 

 

Best advice is be polite, tell them what you are doing and produce ID if asked. Don't be one of those sovereign citizen nut jobs that you see on youtube who end up being dragged away in cuffs.




BTR

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  #1723686 21-Feb-2017 13:08
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I just wanted to add there was a case a few years ago on a guy who was taking up close pictures of womens chests and backsides in Hagley park. he was acquitted because he had't broken any criminal laws. 

 

 

 

http://www.stuff.co.nz/national/crime/67796226/errol-standeven-has-conviction-quashed-for-taking-photos-of-women-exercising


floydbloke
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  #1723701 21-Feb-2017 13:31
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BTR:

 

I just wanted to add there was a case a few years ago on a guy who was taking up close pictures of womens chests and backsides in Hagley park. he was acquitted because he had't broken any criminal laws. 

 

 

 

http://www.stuff.co.nz/national/crime/67796226/errol-standeven-has-conviction-quashed-for-taking-photos-of-women-exercising

 

 

Same but different, in the news today:

 

http://www.stuff.co.nz/national/crime/89607411/kaiteriteri-beach-bikini-snapper-graham-rowe-sentenced





Did Eric Clapton really think she looked wonderful...or was it after the 15th outfit she tried on and he just wanted to get to the party and get a drink?


rayonline

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  #1723717 21-Feb-2017 13:51
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Not beach or stuff like that.  I was across the road at the public library.  Street / documentary photography.  What about those lining up overnight to get concert tickets or that new iPhone or doing that selfies and other people just happened to be behind or to the side of the frame or likewise other customers having dinner in the cafe / restaurant.  


CamH
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  #1723726 21-Feb-2017 14:03
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Maybe it's not illegal, and perhaps it's allowed under some sort of law, but if I'm alone, outside in the middle of the night, especially in a situation where I'm outside a police station for some reason and you come up and take my photo without permission or explanation, I'm going to follow you and question what on earth you're doing.






 
 
 

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rayonline

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  #1723727 21-Feb-2017 14:06
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And as I told them, street photography, single person, clean wall, nice composition.  It is t be used with the camera club where a group of us discuss about composition, lighting and conveying a story.  I also asked him is it not allowed to photograph buildings and people out in public.  

 

 

 

Few weeks ago I was photographing David Jones building with my large RB67 film camera and someone took a photo of me.  


Stu

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  #1723728 21-Feb-2017 14:07
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I think that if you're wanting to photograph a single person or even a small group who are going to be the subject or primary point of focus of the photograph, then it's only decent to ask if they're okay with it. Different story if you're photographing the Police station and there just happened to be a person in the frame when you took the photo (which does not appear to be the case here).

 

Firm believer that common decency and manners still go a long way in this world.





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Stu

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  #1723743 21-Feb-2017 14:16
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rayonline:

 

And as I told them, street photography, single person, clean wall, nice composition.  It is t be used with the camera club where a group of us discuss about composition, lighting and conveying a story.  I also asked him is it not allowed to photograph buildings and people out in public.  

 

 

 

Few weeks ago I was photographing David Jones building with my large RB67 film camera and someone took a photo of me.  

 

 

 

 

So you're in the "*It's easier to ask forgiveness than it is to get permission" camp?

 

*Rear Admiral Grace Murray Hopper





People often mistake me for an adult because of my age.

 

 

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Rikkitic
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  #1723751 21-Feb-2017 14:28
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Stu:

 

So you're in the "*It's easier to ask forgiveness than it is to get permission" camp?

 

 

 

 

There's another side to that, Stu. If you are trying to capture a spontaneous, momentary image, stopping to get permission first will probably destroy what you are trying to capture.

 

 





Plesse igmore amd axxept applogies in adbance fir anu typos

 


 


Stu

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  #1723754 21-Feb-2017 14:35
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If it's that time sensitive, and the scenario is like the one above, then go straight up to the person afterwards explaining what you've done. Be prepared that they may not be happy and if so, offer to delete or not use the photograph (if film). 





People often mistake me for an adult because of my age.

 

 

Keep calm, and carry on posting.

 

 

Referral Links: Sharesies - Backblaze

 

Are you happy with what you get from Geekzone? If so, please consider supporting us by subscribing.

 

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clevedon
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  #1723807 21-Feb-2017 15:14
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BTR:

 

Long story short you have a right to photograph where you were and they have a right to ask you for ID. Now I'm not sure if they can ask you to leave because they could quote "public safety", its a very grey area that a court would need to decide I would imagine. 

 

 

 

Best advice is be polite, tell them what you are doing and produce ID if asked. Don't be one of those sovereign citizen nut jobs that you see on youtube who end up being dragged away in cuffs.

 

 

 

 

As said earlier, you don't have to produce ID. You do have to give them name, address and date of birth (and occupation if you are arrested)


blackjack17
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  #1723878 21-Feb-2017 16:39
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Geektastic:

It's perfectly legal to take photographs of people in public places without their consent, however, provided said images are not indecent.


It would not be legal to use those images for anything other than editorial use unless you obtained Model Consent.


It would not be legal (generally) to take images of a person in a place where they had a reasonable expectation of privacy (e.g. in their own back yard) but someone standing on a street in public? They may not like it but that isn't relevant to the legality of doing it.



Not quite right. You can't take pictures of someone in a public place where they have an expectation of privacy I.e. public bathroom. You also can't take pictures of people in a non public place I.e private property, without consent.

Well that is my understanding.

In the case of the OP I would like it if a random person obviously took a picture of me if I was the subject of the photo without checking with me first. I couldn't legally do anything to stop them however.

http://www.police.govt.nz/faq/what-are-the-rules-around-taking-photos-or-filming-in-a-public-place?nondesktop

Edit

Geektastic you did have it right. I didn't read you post correctly




Geektastic
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  #1724258 22-Feb-2017 09:28
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No one seeks your consent to photograph you on the streets or in almost every shop you enter - they just tell you they are doing it (sometimes!)

 

I read once that an average Londoner is recorded without consent on CCTV and other cameras over 300 times a day...






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