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Wednesday, October 9, 2019

Photos and Privacy, Duty of Care

You often see comments for and against taking photo and respecting privacy. As a keen amateur (unpaid) and professional (paid) photographer, I have seen arguments for and against.  Here are the arguments for and against. I am stating both sides of the argument, although I shall make it clear which side and support and when.

Here are my experiences and reactions. Please do not take my word for legality, as laws may have changed in your country or by the time you read this. Check local laws. If challenged be polite. If necessary produce a typed document or photo on your phone showing the regulations.

1 You should not photograph people in public places.

2 You should not photograph people without their permission.

3 You should not photograph public buildings and faces.

4 You need permission to publish photos of people

5 You should not publish phone numbers.

6 You should not publish the names of victims, those accused of crime, minors, relatives of minors.

7 You should not photograph victims instead

8 You should go to the aid of victims

9 You should attempt to deter attackers

10 You should not photograph the injured or dead.

11 Even if the victim gives permission you should not inflict such horrors on the reader.

12 Reporting crimes encourages copycat crimes.

13 You should not publish pictures of private homes.

14 You should not publish pictures of the rich and their possessions because jealous people will try to steal or cause damage.

15 You should not show the poor and unfortunate because that makes them ashamed and embarrassed and makes other troll and write rude remarks and brings them into disrepute.

16 You should not report crimes before a trial because that prejudices the trial.

17 People who do wrong (accidentally or when drunk) should apologize.

The opposing arguments include:

1 In some place beggars demand money if you take close up or even distant photos. They may pose and then demand money. You might think that giving money is ok or want to negotiate the price.

Sometimes they have no camera or a hone which does not take good photos. They would like the photo. Are you prepared to give strangers your email? Could you carry a teeny printer and give them a copy of themselves as payment?

Two small children in a remote Nepalese village ran up out of curiosity when campers were cleaning their teeth. The children were thrilled to be given a tiny tube of toothpaste and an airline toothbrush and to be photographed cleaning their teeth. The kids danced around, stayed still when asked to do so, posed by a signboard, and were excited to see photos of themselves on the camera.

 The solution is to photograph a family member with the local person in the far distance (to blow up later).  It is forbidden in South Africa to deter crime. It is permitted in the UK where the argument is that if you were to forbid crowd and public places nobody could ever photograph themselves in public places and monuments for fear that somebody else is int he picture. You could no photograph events but many people want photos. It is impossible to police. And in any case a witness is often useful.

2 Data protection in the UK, USA and Singapore is now increasingly making it a requirement to inform people that they are being photographed and to ask their permission.
In the old days this was so that the event organizer could make a profit on their investment. Now it is for privacy reasons.

3
(More later. This is growing increasingly long and complicated.)

17 Your insurance, especially car insurance, may forbid you to say anything, on the grounds it may prejudice your case by implying your guilt and invalidate your insurance.

Any admission of guilt might encourage the other party to demand money or an out of court payment. The apparent accident could be a scam.  You may need photo of the vehicles position in road and damage to cars before moving vehicles.The other party might not want themselves or their wife and children or friends who are drivers or passengers or bystanders to be photographed. My view is that a useful tip is to take a surreptitious photo of the people from a distance, then several of the cars from a distance then close up. You want to photograph the front and sides and rear of all the cars, plus any damage to the road and private or public property. If asked to show what I have taken I show the car pictures. I later delete the family photos out of respect, but have them if the driver does a runner.

Animals and Roadkill
If an animals ran across the road or was hit in the road, you need a photo of that too. "Why are you photographing a dead ..., Mum. That's disgusting!"  Because in some countries you have to report that you have killed a cat or dog (the owner will want to know why their beloved pet is missing - or could be liable for damages to your car). Killing deer which are protected could be a reportable incident in Scandinavian countries or places where animals are protected. Or you might wish to join a group which wants evidence that animals are causing accident in order to gt roads fences or animals moved to remote areas or fenced areas. You may also need to note the location so recovery vehicles can collect your car or debris in the road or a dead animal which could cause subsequent accidents.

Snakes Alive!
Wow. There's a snake in the road. You are alone and afraid, don't know if it is dangerous or protected. What do I do?

Call local people. In some countries, snakes are a local food. The Chinese, the saying goes, 'eat anything that moves, and anything with four legs except the table.'

Just take a photo, keep an eye on the snake to be sure it is not getting nearer your car. Call local people from another car or working on a nearby construction site. They may have shovels or other equipment to move the snake. They may be totally unafraid, curious and keen to see it and thrilled to get a free dinner.

The rules vary from country

More information from
https://en.wikipedia.org/wiki/Duty_of_care


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