Handling Unwanted Photography in Public: Tips and Legal Considerations

Dealing with someone who is photographing you in public can be uncomfortable and even threatening. This article provides guidance on how to manage such situations effectively, ensuring your safety and privacy.

Assessing the Situation

Firstly, it's important to assess the situation carefully. Is the photographer capturing you intentionally, or is it a mistake?

What to Do

Assess the Intent: Is the photographer intentionally taking your picture, or is it an accident? Make sure that you are not mistaking an accidental photo with an intentional one.

Make Eye Contact: If appropriate, make eye contact to let the photographer know that you are aware of their actions. This might discourage them.

Politely Request Them to Stop: If you feel safe, approach the person and politely request that they stop taking your picture. A simple, "Excuse me, could you please not take my picture," is effective.

Move Away: If you do not feel comfortable confronting the photographer, consider moving to a different location or blending into a crowd to avoid further unwanted attention.

Seek Assistance: If the situation escalates or you feel threatened, seek help from nearby friends, security personnel, or law enforcement.

Know Your Rights: Familiarize yourself with local laws regarding photography in public spaces. While photography in public is generally legal, harassment or stalking is not. In the United States, for example, people have a legal right to take your picture or film you in public. However, what happens with your image is subject to legal boundaries and potential rights violations.

Document the Incident: If the behavior continues or escalates, document the incident by noting the date, time, location, and a detailed description of the person. Taking your own photos of them can also serve as evidence if needed.

Report the Incident: If you feel harassed or threatened, report the incident to the authorities. Ensuring your safety is the top priority.

A Case Study: Public Photography in the 1980s

Let's delve into a case study that illustrates the complexities of public photography in the 1980s. In the early 1980s, the author managed a movie theater in South Minneapolis, a thriving hub in the upper Midwest. While most theatres focused on showing films for a few days, their theater ran classic films like "Casablanca" and "The Maltese Falcon" regularly.

The Photographer

One particular individual, referred to as Jim, was a photographer who used a motorized wheelchair to capture people on the sidewalk near the theatre. His camera was mounted in an intricate box-like structure, appearing to focus on a large 210mm lens. However, this was a decoy. The actual camera was oriented 90 degrees to the left, capturing candid shots of people without their knowledge.

The Ethical and Legal Implications

This behavior raises questions about ethical photography, especially when it involves people's privacy without their consent. Not only was Jim's technique unethical, but it also may have violated legal boundaries regarding image rights and privacy. In the United States, while taking a picture in public is generally legal, posting it on social media or using it for commercial purposes without permission can be a violation of rights and privacy laws.

Lessons from the Case

This case underscores the importance of respecting people's privacy and understanding the legal and ethical implications of photography in public spaces. It also highlights the need for awareness and vigilance when dealing with unsolicited photography.

Protecting your privacy and ensuring your safety are paramount, especially in an age where photography technology has become more advanced and accessible. Trust your instincts and take necessary steps to safeguard your rights and well-being.