Re:Stop Filming Strangers in 2023
by still_grokking on Monday January 09, 2023 @01:20AM
(#34307410)
There is no "absolute right to privacy in public", of course.
But distributing or handing over such material is limited and requires usually consent.
Please pay special attention to the second sentence of the cited paragraph.
Re:Stop Filming Strangers in 2023
by Godel_unicode on Monday January 09, 2023 @12:09PM
(#34312678)
No it doesn’t. That consent is gated around violating their legitimate purpose (see the other words in that second paragraph). So in general just posting stuff/uploading to TikTok/facebook/etc does not require consent and you don’t have a right to have it taken down without specific cause.
Re:Stop Filming Strangers in 2023
by still_grokking on Monday January 09, 2023 @02:05PM
(#34314525)
No, that's wrong.
We're talking here about rights that are derived directly form the first sentence of the German constitution!
Such right is very strong. Only in exceptional cases it can be overruled by other constitutional rights.
Details can be found for example here: https://www.prigge-recht.de/wann-darf-ich-bilder-von-anderen...
Re:Stop Filming Strangers in 2023
by Godel_unicode on Monday January 09, 2023 @05:57PM
(#34317748)
You should tell your Supreme Court that, they just ruled that street photography is constitutionally protected art.
All of this delightful nuance goes to my previous point; there’s plenty to debate and discuss here and the whole idea of an absolute right to privacy in public is comical.
https://www.gesetze-im-internet.de/kunsturhg/__23.html