5 ms·

Is it allowed in the USA for an individual to film public space?

by wott 11y ago

otoburb 11y ago
Generally it seems you may photograph and film public property, assuming you believe Wikipedia.[1] [1] https://en.wikipedia.org/wiki/Photography_and_the_law#Public_property https://en.wikipedia.org/wiki/Photography_and_the_law#Public...
- lorenzhs 11y ago
  This wouldn't fly at all in Germany. If your surveillance camera films public ground, even if it's not the primary object being photographed, you're acting illegally. If, for example, you're trying to monitor your front door to catch a potential burglar and you can see the pavement and the people on it on the video, that's not allowed. You won't be able to use the footage in court even if it shows the burglar clearly. Others, including the state, can also sue to have the camera removed. Even dummy cameras can get you in trouble (e.g. employer installing them in the office kitchen, etc).
  - pc86 11y ago
    This seems bizarre to me. Why would you have any expectation of privacy walking down a public street?
    - mindslight 11y ago
      Because of the law that prohibits systematic surveillance and archival of your activities?
  - otoburb 11y ago
    I'm not surprised because Germany seems to be known as a country with one of the highest privacy regulations, going above and beyond what the EU mandates[1]. The 2009 amendment to the Bundesdatenschutzgesetz[2] is quite comprehensive. Working with German companies on technology projects has made me acutely aware of this. However, it seems many other countries do allow public photography and filming within reasonable limits. On a side tangent, I wonder if this means that German media uses many less public crowd shots than non-German media channels, if only because of the stricter privacy laws that would require individual consent for any person showing up in the image or frame. [1] http://www.bbc.com/capital/story/20130625-your-private-data-is-showing http://www.bbc.com/capital/story/20130625-your-private-data-... [2] https://en.wikipedia.org/wiki/Bundesdatenschutzgesetz https://en.wikipedia.org/wiki/Bundesdatenschutzgesetz
  - tzs 11y ago
    There are numerous webcams online showing German public spaces, streaming live and offering access to archived views. Are these illegal, or is there some kind of exception for when the surveillance is for public broadcast, or what?
  - wott 11y ago
    Same in France. About webcams, AFAIK, the exception is either because people and car plates cannot be identified clearly for the image quality (and frequency) is low, or because they asked for a special authorisation.
danso 11y ago
Yes. This is usually part of First Amendment arguments, particularly when police and photographers clash over the right to document police arrests that happen in the public.
mdip 11y ago
Laws vary from state to state covering things like the legal use of telephoto lenses, etc (and some of these laws, themselves, are in violation of federal protections and therefore void). As a general rule you are not violating the law if your camera is aimed at a public place especially if it is located on property you own. Filming and publishing license plate numbers can get you in trouble in some places and I'm sure there are other rules I'm unaware of related to what you are allowed to publish publicly, but what he's doing is likely very legal and protected by the First Amendment of the US constitution.

Is it allowed in the USA for an individual to film public space?

by wott 11y ago

Is it allowed in the USA for an individual to film public space?

Generally it seems you may photograph and film public property, assuming you believe Wikipedia.[1] [1] https://en.wikipedia.org/wiki/Photography_and_the_law#Public_property https://en.wikipedia.org/wiki/Photography_and_the_law#Public...

lorenzhs 11y ago
This wouldn't fly at all in Germany. If your surveillance camera films public ground, even if it's not the primary object being photographed, you're acting illegally. If, for example, you're trying to monitor your front door to catch a potential burglar and you can see the pavement and the people on it on the video, that's not allowed. You won't be able to use the footage in court even if it shows the burglar clearly. Others, including the state, can also sue to have the camera removed. Even dummy cameras can get you in trouble (e.g. employer installing them in the office kitchen, etc).
- pc86 11y ago
  This seems bizarre to me. Why would you have any expectation of privacy walking down a public street?
  - mindslight 11y ago
    Because of the law that prohibits systematic surveillance and archival of your activities?
- otoburb 11y ago
  I'm not surprised because Germany seems to be known as a country with one of the highest privacy regulations, going above and beyond what the EU mandates[1]. The 2009 amendment to the Bundesdatenschutzgesetz[2] is quite comprehensive. Working with German companies on technology projects has made me acutely aware of this. However, it seems many other countries do allow public photography and filming within reasonable limits. On a side tangent, I wonder if this means that German media uses many less public crowd shots than non-German media channels, if only because of the stricter privacy laws that would require individual consent for any person showing up in the image or frame. [1] http://www.bbc.com/capital/story/20130625-your-private-data-is-showing http://www.bbc.com/capital/story/20130625-your-private-data-... [2] https://en.wikipedia.org/wiki/Bundesdatenschutzgesetz https://en.wikipedia.org/wiki/Bundesdatenschutzgesetz
- tzs 11y ago
  There are numerous webcams online showing German public spaces, streaming live and offering access to archived views. Are these illegal, or is there some kind of exception for when the surveillance is for public broadcast, or what?
- wott 11y ago
  Same in France. About webcams, AFAIK, the exception is either because people and car plates cannot be identified clearly for the image quality (and frequency) is low, or because they asked for a special authorisation.

danso 11y ago

Yes. This is usually part of First Amendment arguments, particularly when police and photographers clash over the right to document police arrests that happen in the public.

mdip 11y ago

Laws vary from state to state covering things like the legal use of telephoto lenses, etc (and some of these laws, themselves, are in violation of federal protections and therefore void). As a general rule you are not violating the law if your camera is aimed at a public place especially if it is located on property you own. Filming and publishing license plate numbers can get you in trouble in some places and I'm sure there are other rules I'm unaware of related to what you are allowed to publish publicly, but what he's doing is likely very legal and protected by the First Amendment of the US constitution.