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wongarsutoday at 5:00 PM1 replyview on HN

Yes, Germany absolutely has a right to privacy in the public sphere

It's a nuanced right that has to be weighted against other rights and societal benefits. On the street it's usually easy: your picture can contain crowds or people who are there incidentally, but if you point the camera at a person you need their consent. But at a gathering like the CCC even being an identifiable member of the crowd might create issues for people, and you have to take that into account as photographer (both ethically and legally)


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MomsAVoxelltoday at 5:08 PM

>if you point the camera at a person you need their consent

In public spaces (streets, squares, etc.), you may generally photograph people without consent for purely private/non-commercial purposes, as long as it is not intrusive, secretive in a way that invades privacy, or shows them in a state of helplessness, intimacy, or compromise (the latter can also trigger criminal provisions under § 201a StGB).

Casual or incidental street photography is usually fine; highly targeted or harassing photography of individuals can still violate general personality rights.

However - the key rule (Recht am eigenen Bild under §§ 22–23 Kunsturhebergesetz / KUG) mainly restricts publishing or publicly displaying recognizable images of people, not merely taking them in public.

This is a distinction many Germans do not quite comprehend - but it is also the case that it’s not very well understood in the USA, too.

Disclaimer: I am a recordist, I am responsible for a few well-received (even by the original artists themselves) bootleg recordings of famous gigs, I have a strong bias towards recording public environments and a heavy aversion to any censorship, whatsoever. Given that, however, if someone asks me not to take their picture, I first give them the option of receiving a copy for their own purposes, and if they decline, I respectfully delete.

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