4 ms·

Just curious, suppose you have 'private' pictures of someone that you took with their consent, is it legal show them around (without sharing them?)?

InclinedPlane 10y ago
Did they give consent to showing them around?
- wodenokoto 10y ago
  I think the thought is, that basically no pictures you take of anybody come with any formal consent of showing them around.
  - nl 10y ago
    This maybe true, but some may well come with a expectation of privacy.
  - Jabbles 10y ago
    http://www.legislation.gov.uk/asp/2016/22/enacted http://www.legislation.gov.uk/asp/2016/22/enacted The law relates to "a photograph or film which shows, or appears to show, another person (“B”) in an intimate situation," which is further defined: "a person is in an “intimate situation” if— (a)the person is engaging or participating in, or present during, an act which— (i)a reasonable person would consider to be a sexual act, and (ii)is not of a kind ordinarily done in public, or (b)the person’s genitals, buttocks or breasts are exposed or covered only with underwear."
  - InclinedPlane 10y ago
    Thought? No, the law. As Jabbles points out. How about this. Would you be comfortable with someone who had an intimate/sexual photo of you sharing it around? Don't be shitty to other people. Why is this hard?
Jabbles 10y ago
http://www.legislation.gov.uk/asp/2016/22/enacted http://www.legislation.gov.uk/asp/2016/22/enacted Probably illegal, depending on the exact circumstances. "a photograph or film is disclosed if it, or any data or other thing which is capable of being converted into it, is given, shown or made available to a person other than B."
deleted 10y ago
[deleted]
csydas 10y ago
Depends, but likely no according to the law. [1] From a quick reading, you can't just have it, you have to have consent to show it or a really solid reason why it had to be shown (such as in relation to another investigation, like this was the only photo that was proof) So no, showing off someone's private pics you took if they did not consent that you could show them would be considered illegal under this. Basically the law codifies the transaction of intimate pictures Relevent section: (1)A person (“A”) commits an offence if— (a)A discloses, or threatens to disclose, a photograph or film which shows, or appears to show, another person (“B”) in an intimate situation, (b)by doing so, A intends to cause B fear, alarm or distress or A is reckless as to whether B will be caused fear, alarm or distress, and (c)the photograph or film has not previously been disclosed to the public at large, or any section of the public, by B or with B’s consent. (2)For the purposes of this section, a photograph or film is disclosed if it, or any data or other thing which is capable of being converted into it, is given, shown or made available to a person other than B. (3)In proceedings for an offence under subsection (1), A has a defence if any of the following facts is established— (a)B consented to the photograph or film being disclosed, (b)A reasonably believed that B consented to the photograph or film being disclosed, (c)A reasonably believed that disclosure of the photograph or film was necessary for the purposes of the prevention, detection, investigation or prosecution of crime, or (d)A reasonably believed that disclosure of the photograph or film was in the public interest. (4)For the purposes of subsection (3), consent to the photograph or film being disclosed may be— (a)consent which is specific to the particular disclosure or (as the case may be) the particular threatened disclosure, or (b)consent to disclosure generally where that consent covers the particular disclosure or (as the case may be) the particular threatened disclosure. [1] http://www.legislation.gov.uk/asp/2016/22/enacted http://www.legislation.gov.uk/asp/2016/22/enacted
tankenmate 10y ago
In the UK (and most of the EU for that matter) disclosing private information to a third party without permission is a tort; i.e. it is a form of injury to the first party, and the first party can approach the courts to seek redress. In some circumstances it can also be a criminal offence.
billpg 10y ago
Best not do that anyway, even if it would be legal to.
benmmurphy 10y ago
this is interesting. say someone accidentally sent a private picture of themselves to a group chat is it then illegal for someone in this group to share the picture a third party? likewise if someone accidentally sent a private picture to an individual is it then illegal for that individual to share the picture with a third party? edit: just noticed there is an intent requirement in the law as well.

InclinedPlane 10y ago

Did they give consent to showing them around?

wodenokoto 10y ago
I think the thought is, that basically no pictures you take of anybody come with any formal consent of showing them around.
- nl 10y ago
  This maybe true, but some may well come with a expectation of privacy.
- Jabbles 10y ago
  http://www.legislation.gov.uk/asp/2016/22/enacted http://www.legislation.gov.uk/asp/2016/22/enacted The law relates to "a photograph or film which shows, or appears to show, another person (“B”) in an intimate situation," which is further defined: "a person is in an “intimate situation” if— (a)the person is engaging or participating in, or present during, an act which— (i)a reasonable person would consider to be a sexual act, and (ii)is not of a kind ordinarily done in public, or (b)the person’s genitals, buttocks or breasts are exposed or covered only with underwear."
- InclinedPlane 10y ago
  Thought? No, the law. As Jabbles points out. How about this. Would you be comfortable with someone who had an intimate/sexual photo of you sharing it around? Don't be shitty to other people. Why is this hard?

Jabbles 10y ago

http://www.legislation.gov.uk/asp/2016/22/enacted http://www.legislation.gov.uk/asp/2016/22/enacted Probably illegal, depending on the exact circumstances. "a photograph or film is disclosed if it, or any data or other thing which is capable of being converted into it, is given, shown or made available to a person other than B."

deleted 10y ago

[deleted]

csydas 10y ago

Depends, but likely no according to the law. [1] From a quick reading, you can't just have it, you have to have consent to show it or a really solid reason why it had to be shown (such as in relation to another investigation, like this was the only photo that was proof) So no, showing off someone's private pics you took if they did not consent that you could show them would be considered illegal under this. Basically the law codifies the transaction of intimate pictures Relevent section: (1)A person (“A”) commits an offence if— (a)A discloses, or threatens to disclose, a photograph or film which shows, or appears to show, another person (“B”) in an intimate situation, (b)by doing so, A intends to cause B fear, alarm or distress or A is reckless as to whether B will be caused fear, alarm or distress, and (c)the photograph or film has not previously been disclosed to the public at large, or any section of the public, by B or with B’s consent. (2)For the purposes of this section, a photograph or film is disclosed if it, or any data or other thing which is capable of being converted into it, is given, shown or made available to a person other than B. (3)In proceedings for an offence under subsection (1), A has a defence if any of the following facts is established— (a)B consented to the photograph or film being disclosed, (b)A reasonably believed that B consented to the photograph or film being disclosed, (c)A reasonably believed that disclosure of the photograph or film was necessary for the purposes of the prevention, detection, investigation or prosecution of crime, or (d)A reasonably believed that disclosure of the photograph or film was in the public interest. (4)For the purposes of subsection (3), consent to the photograph or film being disclosed may be— (a)consent which is specific to the particular disclosure or (as the case may be) the particular threatened disclosure, or (b)consent to disclosure generally where that consent covers the particular disclosure or (as the case may be) the particular threatened disclosure. [1] http://www.legislation.gov.uk/asp/2016/22/enacted http://www.legislation.gov.uk/asp/2016/22/enacted

tankenmate 10y ago

In the UK (and most of the EU for that matter) disclosing private information to a third party without permission is a tort; i.e. it is a form of injury to the first party, and the first party can approach the courts to seek redress. In some circumstances it can also be a criminal offence.

billpg 10y ago

Best not do that anyway, even if it would be legal to.

benmmurphy 10y ago

this is interesting. say someone accidentally sent a private picture of themselves to a group chat is it then illegal for someone in this group to share the picture a third party? likewise if someone accidentally sent a private picture to an individual is it then illegal for that individual to share the picture with a third party? edit: just noticed there is an intent requirement in the law as well.