If you are in public and someone snaps your photo, they can and use it for pretty much anything non-commercial. This is because, in public, you have no reasonable expectation of privacy.

In this case, the guy is using a photographic device that is not his (we don't know if he stole it or not), specifically, he is pointing the camera directly at his face. My gut feeling is that it would be a fine line to walk, but that there might be a decent argument that he has no reasonable expectation of privacy. It's not his device, he knows there's a camera in it, and he's pointing that camera at his face...

Just another way to look at it.