Is it OK to take photos of people in public?

What's the issue?

Although it's more of an issue for street and travel photographers, as a landscape photographer I do sometimes include people in my images; sometimes to provide a focal point to a photo, and sometimes to give a sense of scale (as our brains know the size of a person, we can infer the size of the scene). But is it OK to include people in your photos? Is it legal? Do you need permission? In this article we will explore the issues so you can hopefully include people in your photos with a little more confidence. I should add that I'm NOT a legal expert and this is just my personal views on the position in the UK. Some countries have very different legal and moral landscapes around photographing people, so you should always check for the country you are in.  

Is it legal to photograph people in public?

It is generally legal in obvious public spaces

As a general rule, it IS legal to take photos of people in public spaces where there is no reasonable expectation of privacy (since you waive that right by being out in public). Obvious public places include streets, city centres, parks, beaches and public events. It is generally fine to share these photos e.g. on social media as long as they are not for commercial gain (see later section on commercial use).

However....

Even in public spaces, there are limits. If photographing someone repeatedly becomes harassment or stalking, it can be illegal. 

Personally I would also be wary of photographing close up photos of people in swimwear on beaches (where they are the main subject), as this is very much on the borderline of privacy infringement. 

Although there is no difference in law between adults and children, I would also personally be very wary of taking close up photos of children even in public areas (where they are the main subject) without parental permission (see ethical concerns below). 

If you are photographing a wider angle general scene (e.g. a beach) where there may be a number of people (including children) in the shot but they are incidental to the scene (i.e. not a major part of the photo) then generally this can be done without concern. 

It is generally illegal where the subject would have an expectation of privacy

People do have a reasonable expectation of privacy when they are not in an obvious public space, so if you attempt to photograph people in places like their homes, gardens, or inappropriate public spaces such as public toilets then the expectation of privacy takes precedence and so it is generally NOT legal to do so without their permission.

Ethical issues

Although the legal aspects are as stated above, there are also ethical issues which you should consider. The ethical considerations often suggest going further than the law states in terms of gaining permission. Being ethical, rather than legal, this means they are good practice rather than essential legal considerations.

Consent: 

In public spaces, implied consent is normally assumed. however, ethical practice still encourages asking for permission, especially if the person is the main subject of a photo.

Privacy: 

Even in public spaces, certain contexts (e.g., hospitals or schools) demand greater sensitivity to privacy concerns. 

Children and vulnerable people: 

When photographing children as the main subject of a photo, gaining parental permission is strongly recommended. Similarly, permission should be sought when photographing vulnerable people (people with disabilities or people in distress). 

Cultural sensitivity: 

Different cultures have varying norms and sensitivities regarding photography. It's important to be aware of and respect these norms to avoid cultural insensitivity or disrespect.

What about taking photos for commercial use?

If you want to make money from your photos, then these issues immediately become much more complex. Selling a photo containing a person in the UK involves several legal and ethical considerations, primarily revolving around privacy, consent, and intellectual property. 

The key issues below apply when a person appears in an image as the main subject of the photo (usually close to the camera) and the person / people are recognisable. Recognisability is not just that their face is shown, but applies if they are recognisable from behind, from a tattoo etc. The issues below generally do not apply if the person / people are incidental to the photo (e.g. a photo of a general street scene, or where the person / people are not recognisable (e.g. too small or in silhouette) 

Privacy and Consent

• Consent Requirement: Generally, you need explicit consent from the person in the photo to use their image for commercial purposes. This is especially important if the photo is to be used in advertising, marketing, or any other commercial endeavor.

• Model Release: Obtaining a signed model release form from the person in the photo is crucial. This document grants you permission to use their likeness commercially and protects you legally.

  
  

Data Protection Laws

• GDPR Compliance: Under the General Data Protection Regulation (GDPR), a person's image is considered personal data. You must have a lawful basis for processing and using this data, such as the individual's consent.

• Right to Withdraw Consent: Even if consent was initially given, the person has the right to withdraw their consent at any time. This could affect your ability to continue using the photo.

  
  

Public versus private space

• Public Spaces: Photos taken in public places generally have more lenient restrictions. However, commercial use still requires consent if the person is recognizable.

• Private Spaces: Photos taken in private spaces (e.g., someone's home, private events) require explicit permission from the property owner and the individuals depicted.

Deformation & context

• Defamation: Ensure that the photo does not portray the person in a defamatory or false light, which could harm their reputation.

• Context of Use: The context in which the photo is used can affect the legality. Using an image in a misleading or harmful way can lead to legal issues.

Intellectual property

• Photographer's Rights: The photographer holds the copyright to the photo. If you are not the photographer, you need permission from the copyright holder to sell the photo.

• License Agreements: Clearly outline the terms of use, rights, and restrictions in any license agreement if the photo is to be used by a third party.

  
  

Ethical considerations

• Respect and Dignity: Respect the dignity and privacy of the individuals in the photos. Avoid using images in ways that could be considered exploitative or invasive.

• Cultural Sensitivity: Be mindful of cultural sensitivities and norms that might affect how the photo is perceived.

Want to improve your photography skills?

Don't forget that if you want some direct help with your photography, I offer a range of 1-2-1 photography courses for Devon based folks. If you're not nearby then I also  offer residential weekends for beginners or intermediate photographers.

About me

I first got into photography after walking the beautiful South West Coast Path: I was so disappointed that my photos didn't do justice to the beautiful coastal scenery that I decided to walk all 630 miles all over again, but this time to also teach myself photography along the way!  

A few years later and I find myself as a professional photographer, widely published and  with landscape photos which have won national awards. But I do much more than landscapes, providing photography training to businesses & individuals on how to take beautiful photographs, and providing professional photography services to businesses across the South West. My commercial specialisms are property photography, business photography, people photography & aerial (drone) photography.

I’m also an author with a number of published books and I give regular talks about my passion for photography, and for Devon, to camera clubs and other groups.

You can read more about me here.