Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

> This is not true in most of the world. Unless you are using their likeness to advertise a commercial product, you don't need the subjects permission to publish it on the internet, sell the photo, upload it etc.

Lets take a run at this one. I did specifically mention a couple exemptions above, which include expectation of privacy - a crowd in a public space don't have an expectation of privacy.

(In the US this goes further, where you can photograph anyone in public, with or without their consent, so long as it is within the nebulous "community standards" - but the US is not the norm.)

However, that's not the case for a wide variety of other photographs.

For example under the Australian Privacy Act:

> Images of individuals in photographs or video (images) are treated as personal information under the Privacy Act 1988 (Privacy Act) where the person’s identity is clear or can reasonably be worked out from that image. [0]

Similarly, in the EU, photographs or video of someone who can be reasonably identified within that work, is to be treated as Personally Identifiable Information under the GDPR, and thus requires consent. GDPR also requires you notify anyone in a public space ahead of time that you may be filming or photographing in the area.

I think it's fair to say that it is _not_ normal in most of the world to require no consent if you're not doing something commercial. Consent is the norm.

[0] https://www.oaic.gov.au/privacy/guidance-and-advice/posting-...



The GDPR doesn't prohibit photographers from taking photos of people in public places and posting them on the internet.

The GDPR doesn't directly include photographs as protected information, unless the are attached or connected to other info.




Consider applying for YC's Fall 2025 batch! Applications are open till Aug 4

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: