Does Taking Photos in Public Infringe Portrait Rights in the UK?

Question from gg, Does Taking Photos in Public Infringe Portrait Rights in the UK?

Answer from AI:

In the United Kingdom, the concept of “portrait rights” is not as clearly defined as in some other jurisdictions. Instead, the legality of photographing someone in public is governed by a combination of privacy laws, copyright laws, and harassment legislation. Here’s a general overview of the relevant legal considerations:

Privacy Laws

• Expectation of Privacy: Under UK law, individuals have a reasonable expectation of privacy in certain situations. However, when in public spaces, this expectation is significantly reduced. This means that photographing someone in a public place is generally not considered an infringement of their privacy.
• Article 8 of the European Convention on Human Rights: This article, incorporated into UK law by the Human Rights Act 1998, provides a right to respect for one’s private and family life. Courts balance this right against the freedom of expression (Article 10) when considering cases involving photography in public.

Copyright Laws

• Copyright Designs and Patents Act 1988: This act provides photographers with copyright protection for their original work. However, it does not grant a subject of a photograph any copyright over their image when taken in a public place.

Harassment Legislation

• Protection from Harassment Act 1997: Repeatedly photographing an individual without consent could potentially be considered harassment under this act, especially if it causes the individual distress.

Other Considerations

• Commercial Use: Using someone’s image for commercial purposes without their consent can lead to legal issues, particularly if it implies an endorsement or uses the person’s likeness in a defamatory way.
• Data Protection Act 2018: This act includes provisions related to the processing of personal data. Photographs can be considered personal data, and thus their use can be subject to data protection principles.

When Legal Advice May Be Necessary

If you are concerned about the legality of a photograph taken in public, or if you believe your privacy has been infringed upon by someone taking your photograph, it may be wise to consult with a legal professional. They can provide personalized advice based on the specifics of your situation.

For more information on privacy and image rights, you can refer to the UK Government’s Data Protection page and the Human Rights Act 1998.

Remember, while taking photographs in public places is generally permissible, using those photographs, especially for commercial purposes, can lead to legal complications. Always consider the context and the potential impact on the individuals being photographed.