I think it's an interesting question, but perhaps it's the wrong approach to even try to answer it? Perhaps it's better to consider what happens TO the recordin

I think it's an interesting question, but perhaps it's the wrong approach to even try to answer it? Perhaps it's better to consider what happens TO the recording. Being obviously recorded (paparazzi) is the case when the recording itself feels like it is infringing my privacy. If I don't know, and the recording is piped to /dev/null then I can't really care? But if the recording is kept too long, or published somewhere, then that's when I might care. So perhaps we should focus on what's being done to the recorded material. Compare to how in most legislations (afaik) it's ok for me to snap a picture of someone who happens to be in my view when I snap a picture of the Eiffel Tower. And I can publish that on my blog without permission. BUT if I want to sell it as a stock photo or use it in a commercial then I need explicit consent from the people in the picture. I think this makes perfect sense from a consent perspective.