The law on photography,and video

Trout55

Hi All ,just wondering where i might access information on the law regarding photographing ,and videoing in public areas,some people say you can video tape and photograph public servants doing there job without breaking the law .Thankyou.

Paulw

https://www.digitalrights.ie/photographers-rights/

Start there.

Then read the Data Protection Act.

Harry Palmr

This subject is on RTE Radio 1 right now.

www.rte.ie/radio1

Paulw

RTE radio more relates to this matter - http://www.thejournal.ie/photocall-gardai-1940689-Feb2015/ and then https://www.nuj.org.uk/news/nuj-condemns-garda-order-against-photocall-ireland/

A very hot topic right now for journalists and photojournalists.

AnCatDubh

Paulw wrote: »

Then read the Data Protection Act.

Recently I chanced to come across interesting provisions in the DP Act in respect of "Journalism, literature and art." which basically sets aside data protection provisions where there is publication involved. It defines publication as:

the act of making the material available to the public or any section of the public in any form or by any means.

I'd consider the above covers photographer's publication to public fora such as for example here on boards, or pix.ie/flickr, or your blog or in printed form.

Paulw

AnCatDubh wrote: »

I'd consider the above covers photographer's publication to public fora such as for example here on boards, or pix.ie/flickr, or your blog or in printed form.

The Data Protection Commissioner would disagree with you. I've had some long email discussions with them on the topic.

But, without case law, it is only their view.

magicbastarder

you mean the DPC would argue that putting a photo on boards does not constitute publication?

Paulw

magicbastarder wrote: »

you mean the DPC would argue that putting a photo on boards does not constitute publication?

Yep. They claim that if you put a photo of anyone anywhere online, without their expressed permission is a breach of the DPA, except for editorial purposes.

AnCatDubh

Paulw wrote: »

Yep. They claim that if you put a photo of anyone anywhere online, without their expressed permission is a breach of the DPA, except for editorial purposes.

Seriously? Were they referring to the section quoted? What they have indicated to you would appear to contravene the section of the act which says that publication is;

the act of making the material available to the public or any section of the public in any form or by any means.

this is of course assuming that your conversation was covered by the section falling into a category of "Journalism, literature and art".

Maybe they don't classify photography as art

Granted if I took a picture of jim the janitor at my office, and posted that online, then jim the janitor would have reasonable expectation of the protection of data protection legislation but if i'm out and about creating art, capture a candid, post, rinse and repeat, then surely that should be covered by the act as quoted.

Paulw

From a 2008 query about posting images to FlickR/boards/pix.ie

----

The position of this Office is that the posting of pictures of individuals
on websites such as that which you cite should take place in conformity
with the requirements of the Data Protection Acts. The Acts do as you
indicate allow for the use of personal data for a purely domestic purpose
(which would not extend to their posting on a public access portion of a
website) and also where the publication of that data takes place for a
literary, artistic or journalistic purpose in the public interest.

It would not be entirely clear that the posting of pictures as you outline
would fall into either of these categories. Accordingly, it would seem
likely that the publication of the pictures would be required to meet the
requirements of the Data Protection Acts in relation to the capturing of
the consent of those persons who are identifiable in the pictures. We are
obviously not aware as to whether consent was or would be captured in the
scenario you outline.


----

Make of that what you will, but it seems to state that such publications are not considered artistic. :eek:

LucidLife

AnCatDubh wrote: »

Recently I chanced to come across interesting provisions in the DP Act in respect of "Journalism, literature and art." which basically sets aside data protection provisions where there is publication involved. It defines publication as:



I'd consider the above covers photographer's publication to public fora such as for example here on boards, or pix.ie/flickr, or your blog or in printed form.

All I have to add is - good ID name is maith liom is maith liom.