It’s a double-edged sword, and I concur that public photography should not be weaponized against the individual.
However, if I see a crime being committed, you can be sure I will be taking photo’s and dealing with the personal consequences later.
I am on the “public photography is not a crime and I don’t need anyone’s permission to record my personal experience” side of the debate, because I think that a society which does not allow free and open recording of events in the public sphere endangers itself, immensely.
I know it is incomprehensible to a lot of Germans, but without public photography being an open and uncontrolled activity, we wouldn’t have had the civil rights movement in the USA.
We wouldn’t know what was happening in Gaza every minute of the day.
There is a duty to protect this right in a free and open society - not just the American version of it - not just to record incivility and injustice, but also to promote the changes of culture in a society over time.
Would modern Germans have as much self awareness and responsibility for their state, if there were no candid photos of Sophie Scholl for future generations to refer to? A society which eschews such occurrences, endangers itself - indeed, censors itself. Germans are, after all, pretty much used to censoring themselves - but I think this has its limits and should not be tolerated.
So, I claim and exercise this activity because I think, as a responsible member of a society, it is important to hold the camera up - at times.
For sure, if someone asks me, I will comply with their wishes - I have no desire to confront a stranger with embarrassment or harassment by their own personal image - but I also think its necessary to resist the roboticism on this issue, particularly in Germany.
Yes, if a crime is committed or such there is a reason. That over weighs other reason. But 99% of everyday situations aren't that.
Then there is the other side: some I dividuals have very good reason for not being tracked. Be it key witnesses to some major crime, somebody taking a clear side on israel-palastine-conflict. Etc. These are few, too, just like crime.
In the middle are the "normal" people. For them is maybe a potential minor nuisance if their spouse sees they weren't they assumed to be or when the boss sees them in a private outfit or something.
And then there is German culture, which did quite some research in how two different dictatorial regimes used surveillance and which effort they took and how innocent people got into Stasi files and into total surveillance.
And then we have the technology. Hiding cameras and mics is trivial these days. And cloud vendors doing facial recognition on all pictures uploaded (including faces far in the background - sometimes I am fascinated how well even my locally hosted immich works and identifies my brothers where I am not sure which one it was ... while it sometimes still fails) which makes that a tough balance.