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>> To take a photo of someone, you usually need their permission. Still ambiguous. What level of permission do you need? Verbal permission? "Verba volant", the
by MichaelRo 2y ago
>> To take a photo of someone, you usually need their permission.
Still ambiguous. What level of permission do you need? Verbal permission? "Verba volant", they might change their mind and claim later that they didn't agree to the photo?
Signed permission? "Hey, mister, could you please sign this document that states you agree with me taking a picture of you?". That's a private contract, only slightly more useful than a verbal agreement because it can be contested in court.
Formal contract signed by both parties and ratified by a public notary? That's the strongest form of agreement but how practical is it for taking a picture on a bus?
Seems to me that like many laws, this one too is more for intimidation than practicality. I forgot how these are called (if they even have a name), these ambiguous laws that specify something fuzzy without a clear way of enforcing it and vague penalties. Reminds me of the (Hacker News?) story of the guy in Japan who refused to pay the TV tax (can't find it of course, or I'd have posted it here) and was threatened by "penalty", only problem is it says nowhere what the penalty is and who collects it.
- anigbrowl 2y agoYou shouldn't draw conclusions about the law from a blog post that only aims to provide a convenient overview.
- DeathArrow 2y agoLaws such as these will be selectively applied on people law enforcement will not like.
- nicbou 2y agoThere is a whole section of the article that explains how permission works. Ambiguity is not a bug; it's a feature. Every case is different, and once you read a few of those legal cases, you really see that. I wrote that guide, so I read a lot of cases. They were all tricky, but none of them could be understood as an intimidation tactic.