Privacy in public places Based on the right to taking photos

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Abtahi Fatemeh; Koosha Abootaleb; Montazerqaem Mahdi; Mirshekari Abbas

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Journal Paper

Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2022 | Volume:13 | Issue:1 Page(s): 1-22

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Title

Privacy in public places Based on the right to taking photos

Author(s)

Abtahi Fatemeh | Koosha Abootaleb | Montazerqaem Mahdi | Mirshekari Abbas | Issue Writer Certificate

Keywords

The right to taking photos

Privacy

Anonymity

Public interest

Abstract

The right to taking photos in public places is acceptable on the basis of freedom of expression and the tacit consent of the owners of the image. Accordingly, individuals can take photos freely in these places without obtaining permit. However, taking photos is allowed only if the Privacy of individuals is protected. Because people can expect the normal and legitimate expectation of "remaining anonymous". People do not expect to be in the spotlight or have their actions recorded, even if they know they are in the public eye. People like to be ignored when they are in a public place. In addition, the image can be considered as an example of personal information. Basically, the collection of personal information requires consent. Therefore, Privacy must be maintained in photography. The importance of this is that even if it is a news incident, it is still not possible to ignore Privacy. With this interpretation, Privacy is not limited to private places and people in the public environment also have Privacy. The main criterion in having Privacy will be a reasonable expectation of the person.

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