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I am glad that filming someone here (Switzerland) without consent is not legal even in public. You can film in public but if a person is the center attention in
by sschueller 4y ago
I am glad that filming someone here (Switzerland) without consent is not legal even in public. You can film in public but if a person is the center attention in your footage it becomes illegal and you need their consent especially if you publish it. Only exceptions are large public events where privacy can not be expected.
Same goes for identifiable information like license plates. For example if you film a parking lot at a cancer hospital. You need to obfuscate the plates.
If you install security cameras the some law applies, you can only film your own property and must make sure you are not filming neighbour, street or anything else. You must also post a sign indicating that a security camera is installed. Public security cameras (train etc) all require posted signs and have a strict retention policy as well as how footage is released.
Same law applies to drones or any other way you could make a photo or film so it automatically makes it illegal to film into windows or get close enough to specifically identify people on the ground.
In extremely rare and extreme cases the police may publish someones foto or video footage if it helps solve a case but it's an exception because even criminals have the right to privacy.
- throwamon 4y agoHow do you determine if someone is "the center of attention"? Could someone record ultra high res video using an ultra wide lens, then privately crop the video at will?
- sbf501 4y agoI think society will need to start coming to terms with this. The concept of "it is public, so it is fair game" can no longer be applied.
- fastball 4y agoI feel like you kinda have it backwards though, at least in regard to the parent comment. The objective standard of "you're in public so it's fair game" doesn't care if you have ultra-high resolution footage, if you're hiding in a bush, if you're doing X or Y so it's very easy to apply. Meanwhile "someone can't be the focus without consent" is a somewhat subjective standard that could easily become hard to apply.
- sbf501 4y agoLet's start from the beginning, do you understand what "consent" means?
- sschueller 4y agoIf you post the cropped video online then the "center of attention" is clear. Most videos posted online like this of the woman the center of attention is quite clear. If you are posting a video of a group of people whom happen to just be there it's also clear that it wasn't the intent of the video to record those people. Yes, it's subjective but the point of the law is to not completely outlaw video taping but to protect peoples privacy. You also always have the option to blur peoples faces/beep their voice and then there is no issue when posting the video online. You can post a video of a person "freaking out" as long as they are not identifiable. I don't see a difference between when someone records you with an ultra wide lens/high res than if someone is using a hidden camera at a pool. Both are illegal and most people except creeps aren't doing it.
- rlpb 4y agoA court would decide. They usually consider intent. I don't know about Switzerland specifically, but usually the restriction on this kind of right is on distribution/publication.
- throwaway675309 4y agoWhat happens if you're witnessing a police officer engaged in illegal acts (not uncommon in the states at least)? Must you obtain permission to record him?