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Thread: The Law and Photography

  1. #1
    Join Date
    Jan 2009
    Toontown, in the Bible Belt.

    Default The Law and Photography

    ABC - originally titled
    What the law says about a stranger taking a photo of your child without permission

    but it's more than that.

    "My sister's kids were working in the backyard yesterday doing lawns. Their neighbours began taking photos of the boys. This upset my sister.

    "She called Policelink and was told it is legal provided no-one is naked. I can't understand how this can be legal."

    Creepy, yes. But legally, there's no law being broken.

    The topic of photography and privacy was discussed on Focus with Emma Griffiths on ABC Brisbane Radio on Monday morning.

    Kylie Pappalardo, a lecturer at Queensland University of Technology's School of Law specialising in intellectual property law, said there was very little that could be done in this situation.

    "It's an interesting situation in Australia, we don't have any personal privacy rights," Dr Pappalardo said.

    "We have data privacy rights, there's a privacy act that governs what companies can collect about say your financial information or health information. But there's no right to say 'This is my privacy, do not take a photo of me'.

    "In the cause of the neighbour or someone on the street taking a photograph, as long as they're not physically trespassing on your land, there's not really any law that would come into play there to prevent that.

    "Unless, as police say … it's getting into questionable territory … there are very strict laws around child exploitation which is another story.

    "But photographs where no-one is compromised in that way, so long as somebody is not physically trespassing, there's very little you can do to stop them taking a photo of them."
    Goes into more.
    - Do you need permission to take someone's photo in a public space?
    - If someone takes a photo of another person with their camera, who owns that image?
    - Are there ethical issues with taking photographs in public?
    - Can drones be used to photograph private property?

    Last edited by The Irreverent Mr Black; 16th April 2018 at 06:26 PM.

    Iím not one of the dead ones yet. - Ms Fishie.

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