Photography question, legal side of things

[Trinity]

Ok so this isn't actually porn related but I'm wondering if taking a picture of a child at a sports event is legal?

My sisters child recently went to a sports competition and the staff at the centre took pics to post on a website, is it legal for them to do so without the parents consent?


Any help appreciated as my sis is doing her nut in

Trinity

[Nob3y]

Hmmm dunno
CCTV take your/their pics/video several times a day,is that legal?

[tj the cameraman]

UK laws are fairly vague when it comes to defining what constitutes an invasion of privacy, but while street shots should cause no problem, you might get in hot water if you're strapping on colossal telephoto lens and zooming in on folks stripping off in their bathrooms - even if you are snapping from a public place.

The key seems to be whether the subject would have a reasonable expectation of privacy - a statement that seems vague enough to keep a team of lawyers gainfully employed for some time.

Photographers Rights In The UK: A Guide
With some countries having stronger privacy laws, UK snappers looking to commercially exploit images of recognisable people snapped without their consent may find international clients unenthusiastic unless a model release has been obtained.

There's also a remote chance that photographs of people in public places may be subject to the Data Protection Act, but that's pretty unlikely if there's no other identifying information accompanying the image.

Photographing children

There are no laws against taking photos of children, but someone taking an unhealthy interest can rightly expect to attract unwelcome attention from the authorities (and quite probably passers by) pretty sharpish.

Be also mindful that if you're taking pictures in areas where dodgy folks, drug dealers and ne'er do wells may be in view, they're unlikely to be pleased with the attention and probably won't be bothered about the niceties of the law in their response.

If someone asks you to stop take pictures of them, it's generally a good idea to do so.

Update: According to external link this blog, Home Office Minister Tony McNulty MP has commented on the current legal situation regarding privacy.

"There is no legal restriction on photography in public places, and there is no presumption of privacy for individuals in a public place.

It is for the Chief Constable to ensure that Officers and Police Community Support Officers are acting appropriately with regards to photography in public places, and any queries regarding this should be addressed to the Chief Constable.

However decisions may be made locally to restrict photography, for example to protect children. Any questions on such local decisions should also be addressed to the force concerned."

Hope this helps.
TJ

[sparky]

This is a very grey area not least if in this context the event would be classed as public or private.

There are various guidelines in circulation including one that surnames should not be published identifying children in newspapers, on websites etc but they are just that and not a legal requirement.

[Millzy82]

That's a different situation (not a different principle).

IANAL but there are licensing regulations for using CCTV which include justifiable usage e.g. security. Whether it's legal or not depends on whether the use of the camera meets those guidelines or not.

[Peter]

Legal, yes.

Not a very wise thing to do these days, though.

[paul jones]

Basically it's legal.

If your sister doesn't want her kids appearing in pics she needs to keep them indoors.

I was once seen on National TV as a child - was behind Keith Chegwin in a Swap Shop OB, probably my most shameful TV appearence ever

Seriously, what does she think will happen to them? That they will be hunted down by peados? Such characters are probably out in the park watching real live kids, not local sports website ones.

[Mysteryman]

Sorry but this whole thing about photographing children, and people in general, is just more paranoia fed by the gutter press.

I'm sure that most of the people who kick up a fuss about this would be perfectly happy to have their children in the local paper holding any trophy won at the sports day and go and buy a print plus copies for their friends and family.

This whole thing has got out of hand, including teachers stopping parents filming nativity plays etc..

I was fortunate enough to be able to bring my child up 30 years and more ago when people were more sensible about such things and took a balanced view that, whilst evil people were out there, life has to be lived and we can't hide ourselves and our kids all the time on the off chance some perv may see and photograph them.

Of course it got worse when the Police took a "wide" view on public place photography re terrorism. At least the Government now seem to be re-enforcing the legal position on photography and privacy.

It's to be hoped that the public will return to a common sense approach.

[andy at handiwork]

A breath of sanity. The photographic record of our past 150 years would be severely lessened if the generally unfounded worries many people express today had held sway.