New law and photography at bar events

[gilbouk]

Is there a restriction now with taking photos at events or in public places where people are gathered? Currently at a private gin tasting hosted by a bar with ticketed entry. Do I need permission from guests even if I only get their back in my photos for example?

 

[DemiLion]

That's private property. You need the permission of the owner realistically.

 

[ecoleman]

What new law?

 

[DemiLion]

I assume he means the Data Protection Act 2018.

 

[gilbouk]

I assume he means the Data Protection Act 2018.

Yeh, just heard about something restricting the way photos are taken at clubs for example

 

[Phil V]

Yeh, just heard about something restricting the way photos are taken at clubs for example

The GDPA hasn’t altered anything to do with who and when you take photographs.
That’s the CDPA but in the case of your specific question, the ‘law’ is that the venue owner / event organiser can set whatever rules they want.

 

[AndrewFlannigan]

The General Data Protection Regulations specifically exclude creative expression and journalism from their provisions (I think it's section 81). As others have pointed out though in a private place you should obtain the management's permission.

 

[ecoleman]

I assume he means the Data Protection Act 2018.

That’s what I though, but there’s nothing in there that Prevents photography.

 

[Tringa]

If the owner of a private property gives permission for photographs to be taken am I correct in thinking that no one attending an event on the property can lawfully object to having their photograph taken?

Dave

 

[Phil V]

If the owner of a private property gives permission for photographs to be taken am I correct in thinking that no one attending an event on the property can lawfully object to having their photograph taken?

Dave

No.

People can object to whatever they want to.

But the law kicks in at publication not creation. The owner of a venue can add that by attending you’re agreeing to be photographed, but the publisher could still face a legal challenge dependant on context.

 

[AndrewFlannigan]

If the owner of a private property gives permission for photographs to be taken am I correct in thinking that no one attending an event on the property can lawfully object to having their photograph taken?

I'm no lawyer but as I understand the general rules of privacy: If they are present at the invitation of the owner (i.e.legitimately) and the owner says "it's a condition of entry that you may have your picture taken by our staff or agents" then they have the option to say no and leave. If they remain they have in effect made a contract with the owner. If no such condition is stated or implied then they may have an expectation of privacy and then would have a right to object to having their picture taken. However this sort of question is why some lawyers are very wealthy.

 

[gilbouk]

I ended up asking management and not shooting guests in focus. Just the live band who agreed to having photos taken, and the bar staff. The guests ended up being in the background so not identifiable using a wide aperture

 

[Tringa]

Thanks for the comments, all.

Dave

 

[jamesev]

No.

People can object to whatever they want to.

But the law kicks in at publication not creation. The owner of a venue can add that by attending you’re agreeing to be photographed, but the publisher could still face a legal challenge dependant on context.

So how would that work in this scenario:

You buy a ticket and no where does it say, at the point of sale, that by buying a ticket and attending you are agreeing to having your photo taken either inadvertently or not (accepting the point of publication not creation point). Then the event organiser has the situation where a photographer asks permission and is granted, and then subsequently the T&C change to by attending you are agreeing to having your photo taken either inadvertently or not.

Is there legal binding of the T&C at the point of sale of a ticket or at the point of attending.

 

[EightBitTony]

The point is whether people have a 'reasonable expectation of privacy'. That's often interpreted to say that you're fine in a public space, because people have no 'reasonable expectation of privacy', but you'd probably face a challenge if you stood in a public space and photographed people walking in and out of an AA meeting.

Likewise, in a private venue, it's still possible to have 'no reasonable expectation of privacy', and gigs and pubs are an example. You need permission from the venue management, but that doesn't affect the 'reasonable expectation of privacy' that attendees might or might not have.

There's no one cover all, get out, it's always fine or always wrong. As @Phil V points out, it's really at the point of publication that objections can become legal processes.

IANAL, personal view, free advice, etc., etc.

 

[AndrewFlannigan]

You buy a ticket and no where does it say, at the point of sale, that by buying a ticket and attending you are agreeing to having your photo taken either inadvertently or not (accepting the point of publication not creation point).

If it says on the ticket or on a sign where you buy the ticket "Standard Terms and Conditions Apply" then the answers are in a document labelled "Standard Terms and Conditions of Business" or something like that.

Then the event organiser has the situation where a photographer asks permission and is granted, and then subsequently the T&C change to by attending you are agreeing to having your photo taken either inadvertently or not.

You cannot change the terms and conditions of a contract subsequent to the contract being formed unless both parties agree to the change.

Again - I'm no lawyer!

 

[shapeshifter]

Solicitors office" Hello I have had my photo taken without my permission I want to sue the person that has done it"

" well we will need a deposite of £1000 to start litigation on your behalf and as we go along you will need to top up the bill", now as you want to sue what are the actual damages so I can try and quantify your loss"

"£1000 deposite! what are my losses / damages"?

End of matter.

 

[ecoleman]

Solicitors office" Hello I have had my photo taken without my permission I want to sue the person that has done it"

" well we will need a deposite of £1000 to start litigation on your behalf and as we go along you will need to top up the bill", now as you want to sue what are the actual damages so I can try and quantify your loss"

"£1000 deposite! what are my losses / damages"?

End of matter.

Unfortunately this is the world we live in these days.

 

[Fraser Euan White]

If the owner of a private property gives permission for photographs to be taken am I correct in thinking that no one attending an event on the property can lawfully object to having their photograph taken?

Dave

You could still break laws under the Public Order Act or Harassment Act; without specific sets of circumstances it is impossible to say but the Offences could be committed at the time of taking the photograph as well.