Warning to travelers in Spain

Old Jul 31st, 2016, 07:24 PM
  #21  
 
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Noticed this in the footnotes for the UK in StCirq's link:

"Another recent court case "upheld a right to eat a meal in a restaurant in privacy even though the restaurant owner had consented to the photography, because in the court's view it was a customer's normal expectation not to be photographed there."

Yes! Just wish that was universal. I don't mind you taking photos of your own food, but leave the rest of us out of it - and that includes people in the background.
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Old Jul 31st, 2016, 09:02 PM
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In Germany, parental consent for identifiable pictures, i.e. where a specific person is not just an irrelevant part of a larger scenery, is only sufficient for very small kids age 0-6. From age 7 on, you could also need the consent of the child.
While legal opinion differs if kids age 7-13 are already able to exercise that right to their full understanding, there is no discussion that from age 14 on, explicit PRIOR consent also by the adolescent is required.
In addition, also parents have no right to publish photos of their own (older) children, for example on Facebook or Flickr, without their consent.
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Old Jul 31st, 2016, 11:13 PM
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I guess the law is the law and I have no problem with stopping photographing kids, but P's comment about the Police/Metermaids. Certainly in the UK it is vital that we can take photos of the Police, to ensure that they are carrying out their functions correctly Quis Custodiet etc.

That it is illegal in some countries would worry me.
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Old Jul 31st, 2016, 11:32 PM
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I take pictures of children all the time, especially during fiesta. And if you have any questions, ask.

The only problem I've had in the past is taking pictures of the police. Local police in Spain usually don't mind, but some are still a little on the shy side in regards to someone taking their picture. There was a time, when ETA was in prominence, those in office, and the local and national police, shied away from having their pictures taken, and I can understand why.
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Old Jul 31st, 2016, 11:37 PM
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Good point Robert, you know a country is in trouble when the police start wearing balaclava helmets...
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Old Aug 1st, 2016, 12:02 AM
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thanks for the wiki link. we were in paris a couple of months ago and i took pictures of all the gorgeous little 'ships' being sailed in the Tuileries. i tried not to get the faces of the kids, but did get some in the backgrounds. i see that France is a "maybe" area from the chart....
their parents didn't seem alarmed as i took pictures... but i wasn't shooting close-ups of their faces.... hmmmm.
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Old Aug 1st, 2016, 04:15 AM
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The worlds gone mad - so if I want to take a picture of a busty tourist area I seek out permission of everyone likely to be in it - sounds daft to me.
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Old Aug 1st, 2016, 04:47 AM
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a "busty tourist area" is probably ok without permission ;-)
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Old Aug 1st, 2016, 05:01 AM
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Thanks for letting us know tominrn. I had no idea.
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Old Aug 1st, 2016, 05:06 AM
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"The world has gone mad." No, it has not! You do not have more of a right to take a picture of someone than they do to refuse to have it taken. Your right as a photographer does not supersede theirs as an individual person.

In a busy area where you are not focusing on an individual in a portrait-like photo, it is fine. When it is obvious you are taking a picture of one person, they have a right to say if you may make or use an image of them. You certainly may not publish photos of recognizable individuals without their permission.

Famous people like politicians, celebrities, etc. do not have the same rights and expectations of privacy when they are in a public environment. That may include policemen "on duty." They do still have expectations of privacy in private settings.
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Old Aug 1st, 2016, 05:25 AM
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Well I was aware of the situation in many non European countries but in Europe never been concerned..consider me very guilty...I think in touristic locales ans with zoom lenses this is pretty hard to enforce..you can easily be shooting something else and get a person and it could be a minor. I can't imagine taking this guy to the police and do consider it extreme...thanks for sharing.
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Old Aug 1st, 2016, 05:31 AM
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Well.
OP spent some time with the kids taking several pics of several children the interacted with them.
Must have raken some time.
The father was thus upset and may have thought OP was a paedophile.
I would.
And I also would have grabbed the guy. Not sure I would have called the police though.
Leave our kids alone.
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Old Aug 1st, 2016, 05:50 AM
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It is a sad state of affairs when someone taking a photo of a child in public is thought to be a paedophile.
Do you really think these filthy people go around getting their kicks from photographing kids in public? I don't.

I can understand that some countries require parental consent for a photograph, but please do no paint all photographers as paedophiles.
A friend was taking photos of flowers in a public park. Someone called the police and reported him as a paedophile. He was able to show the police that there was not a single photo of a child on his camera, only flowers, but it was extremely embarrassing for him, and left him very shaken and upset.
On another occasion a friend was nearly arrested for taking photos of is own children in a park.

In most countries there is no law against taking photos in a public place, of anything and anybody for personal use.

It is good to know about the Spanish law, and the link StCirq provided is also useful.
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Old Aug 1st, 2016, 06:27 AM
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<<"The world has gone mad." No, it has not!>>

Totally agree. What is "mad" is the insistence on taking photos of everyone and everything, everywhere, and often with the photographer (I use the word lightly) in the photo. Chill.
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Old Aug 1st, 2016, 07:07 AM
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Julie and Melissa.

In my country we find abnormal to have an adult having too much interest in kids unknown to him.
Since Julie and Melissa we see evil there.
Like now when you see an abandoned backpack you think of terrorism.
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Old Aug 1st, 2016, 07:31 AM
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As a photographer, I carry a model-release form with me for occasions where I think the person is interesting. The National Portrait Gallery in the U.S. has a portrait competition every other year and written permission is required of the entries.

That being said, in big tourist group situations, I just pantomime taking a shot. Most folks don't care. I'd say 75% nod OK.

I agree, and think the guy in tominrm's situation over-reacted.
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Old Aug 1st, 2016, 07:33 AM
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A number of years ago, I was taking photos of the Luxembourg Gardens in Paris, including the area around the children's playground. Someone approached me and told me not to take photos of the children. I stopped doing so, but thought it was an odd over-reaction at the time and did not understand the need.

Nowadays, I do not think it is odd to have such restrictions. Photos on the internet take on a life of their own and once on the internet, you have no control over the image. People can alter photos in sick ways or make nasty comments. I, too, hate to appear in the background of other people's photos. I feel even more strongly about a young child's image being (mis)appropriated.

It is unfortunate that we have to be careful but it is prudent.
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Old Aug 1st, 2016, 10:14 AM
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Should we have those laws against photos of folks under a certain age in the U.S.?

Or do we?

If we do not, has there been a big problem with uses of kids' photos?

As an ACLU life-long member just about I would oppose any laws concerning banning photos in public places but if the photos were used in a certain way may be open to laws preventing that.
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Old Aug 1st, 2016, 05:15 PM
  #39  
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IMO, whether there are laws is not the issue -- common decency is. Taking pictures that feature any person who is not performing (whatever the age, but especially a child) without appropriate permission strikes me as intrusive and disrespectful. I won't go so far as to say it can never be acceptable -- I think there are a lot of grey areas -- but danon captured my bottom line quite well: 'Locals in a foreign country are not props for your "souvenirs".'

Kudos to tominrm for fostering a discussion of these issues.
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Old Aug 1st, 2016, 05:40 PM
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Sorry, but taking photos of kids is just one way the the pedophiles get to know them. They may do this is a schoolyard or playground a couple of times until the kids get sued to seeing them, then come up with a come look at my puppies story and the kid is gone.

This is something that is taken very seriously here - and I'm surprised that it's not the same everywhere. Teachers, school security guards and police all take this very seriously and it would not be allowed here.

These are innocent children and have a right to their privacy - not to be subject to your photos - no matter the intention.
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