In some countries it seems like rules are quite strict in that regard, and you can get sued as a video maker/photographer if some random people end up in your footage. In others, it seems to be the opposite as you are in a public space by definition. Similarly, I feel like there can often be many misconceptions about the rules on this, so I’m curious what it’s like in your country.

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  1. In Sweden it is generally legal to film and take photos within public spaces. You don’t need to ask for permission from people. There are a few exceptions to this.

    One exception if you are filming a public area with a camera that isn’t portable for example, a wall-mounted surveillance camera, then you need to have a permit and there is a special law for those types of cameras. This includes if you are conducting surveillance over your own property and public property is visible on the film/photo. It’s not necessarily illegal but there would be an assessment if you are in need of it. Even the government needs to apply for a permit to conduct surveillance but with a few exceptions.

    Another exception is if you are filming a person and going about it in a certain violating manner but i suspect committing this crime means you really were an asshole about it since i believe the prosecution would need to prove that you intended to violate this person by filming.

    You also can’t film a private space from a public space obviously.

    From a personal experience: A long time ago my friends bicycle got stolen, a month later we saw it outside the gym so we called the police and then i filmed the people who were coming to get the bike, and they explicitly told me not to film them repeatedly. The police later showed up and i asked them if what i did was legal, they said it was totally legal and wanted me to send them the video.

  2. There’s a big difference between just taking a photo vs how to use that photo.

    Almost everywhere it is ok to take photos in public place. What is a public place may vary. Bar? Restaurant? Swimming pool?

    Totally different matter is the usage of a photo, if you can recognise people in it.
    Personal use as showing it to your family or friends? OK.

    Printing the photo on a T-shirt and selling them? Absolutely not, without permission of person(s) in that photo.

    Including the photo in your travel story that you share online? Nope. You need a permission.

    Why? Because I have a right to decide where you display my face. Not you.

    Rules are similar in EU, because both the copyright and privacy rules are now mostly harmonised.

    In short, for any public or commercial use: anyone featured in a photo (recognizable, not a large crowd of thousands) must sign a release form. In the case of a minor, both the subject and legal guardian need to sign a permission form.

    There are exceptions to e.g. journalists, but that’s a different story.

  3. Any Belgians feel free to correct me if I’m wrong. But last I remember. Unless it’s just for private use. There’s such a thing as implicit approval. If you film someone, and they see you filming and don’t say anything, that means they approve. Now I don’t know how you prove if someone has seen you or not. That’s a bit of a grey area

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