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Same in Austria. You aren't allowed to film people in public without their consent. This is overall a positive but it comes with many downsides as well like if

Same in Austria. You aren't allowed to film people in public without their consent. This is overall a positive but it comes with many downsides as well like if you want to get evidence on someone doing something wrong or screwing you over.

ghaff 2y ago
And how many photos of clearly-identifiable people in those countries do you suppose get published to the internet every hour?
- eqvinox 2y ago
  "clearly-identifiable" is not the criteria, it's a question of focus and respect. The articles of constitution this is based on in Germany read (roughly): "(1.) Human dignity is inviolable. (2.) Everyone has the right to free expression of their personality, so long they do not infringe on others." You can publish photos with identifiable people as much as you want, as long as the intent of the photo is not to capture one (or more) person specifically.
  - ghaff 2y ago
    People take photos of other (unconnected) people who are the primary focus of photographs all the time--and publish them. Maybe they're not supposed to in some countries even in public but they do with great frequency.
    - eqvinox 2y ago
      I'm not sure what your argument is… yeah, sure, it happens, in a lot of cases as the person in the photo you might not even know. And even if you do find out, a lot of people don't care — as long as they're not ridiculed. The petapixel post talks about exploiting people for views on social media, and you will get sued for that in D/A/CH. It's a bit like speeding. A lot of people, if not a majority, drives at 5% to 10% above the speed limit. Sometimes they get a (low-end) ticket. If you speed significantly, you likely still get away with it, but only for some limited time, and then (in most countries) you start racking up serious issues. None of this means that we should remove speed limits, stop enforcing them, or that they're somehow not helpful. It just means we're humans making rules for ourselves so we can live with each other, and things are usually not black and white.
vetinari 2y ago
It has also lot of consequences, which are not obvious to people from other countries. For example, no dashcams in D-A-CH.
- loa_in_ 2y ago
  Isn't it that you can't publish your dash cam recordings?
  - eqvinox 2y ago
    It's a grey area that AFAIK hasn't been conclusively determined; last I checked in Germany you're allowed to have a dash cam as long as it only records/saves on demand (and you're only allowed to exercise that function if you have a reason to, e.g. some accident happened.) Publishing is yet another question and even more tightly restricted. AFAIK (again), in Germany you need to censor all people and car number plates, but then it's OK.
  - Semaphor 2y ago
    The ADAC (German car club/lobby) has a summary of the current rules and cases [0]. Even giving it to the police can be illegal (though we also don’t have a general fruit of the poisonous tree doctrine, which might make it illegal but could still mean the court can use it). It’s all kinda complicated. [0] https://www.adac.de/verkehr/recht/verkehrsvorschriften-deutschland/dashcam/ https://www.adac.de/verkehr/recht/verkehrsvorschriften-deuts...
  - vetinari 2y ago
    Technically, yes, but that won't stop random cop stopping you and haggling you, when he sees one. The Austrian ones can be pretty arrogant and you don't want to ruin your day for that.
- croes 2y ago
  That's no longer true. Dashcams are allowed but they are only allowed to record a certain time period and must overwrite previous recordings so that you only have footage of an accident and not 24 hour surveillance material
boffinAudio 2y ago
>You aren't allowed to film people in public without their consent. This is incorrect. You are allowed to film anything you can see and hear in public - you are not allowed to publish those pictures, or use them for any commercial purpose, without consent.
- Rinzler89 2y ago
  Not true. For example I can't just pick someone on the street, point my phone at them and start following them around filming them specifically.
  - deleted 2y ago
    [deleted]
  - boffinAudio 2y ago
    Yes, you absolutely can do that. This is how security cameras work. I absolutely have the right to film you in public, common areas. What I can't do is use that footage commercially, use it to degrade the person, or publish it in any way without the persons permission.

ghaff 2y ago

And how many photos of clearly-identifiable people in those countries do you suppose get published to the internet every hour?

eqvinox 2y ago
"clearly-identifiable" is not the criteria, it's a question of focus and respect. The articles of constitution this is based on in Germany read (roughly): "(1.) Human dignity is inviolable. (2.) Everyone has the right to free expression of their personality, so long they do not infringe on others." You can publish photos with identifiable people as much as you want, as long as the intent of the photo is not to capture one (or more) person specifically.
- ghaff 2y ago
  People take photos of other (unconnected) people who are the primary focus of photographs all the time--and publish them. Maybe they're not supposed to in some countries even in public but they do with great frequency.
  - eqvinox 2y ago
    I'm not sure what your argument is… yeah, sure, it happens, in a lot of cases as the person in the photo you might not even know. And even if you do find out, a lot of people don't care — as long as they're not ridiculed. The petapixel post talks about exploiting people for views on social media, and you will get sued for that in D/A/CH. It's a bit like speeding. A lot of people, if not a majority, drives at 5% to 10% above the speed limit. Sometimes they get a (low-end) ticket. If you speed significantly, you likely still get away with it, but only for some limited time, and then (in most countries) you start racking up serious issues. None of this means that we should remove speed limits, stop enforcing them, or that they're somehow not helpful. It just means we're humans making rules for ourselves so we can live with each other, and things are usually not black and white.

vetinari 2y ago

It has also lot of consequences, which are not obvious to people from other countries. For example, no dashcams in D-A-CH.

loa_in_ 2y ago
Isn't it that you can't publish your dash cam recordings?
- eqvinox 2y ago
  It's a grey area that AFAIK hasn't been conclusively determined; last I checked in Germany you're allowed to have a dash cam as long as it only records/saves on demand (and you're only allowed to exercise that function if you have a reason to, e.g. some accident happened.) Publishing is yet another question and even more tightly restricted. AFAIK (again), in Germany you need to censor all people and car number plates, but then it's OK.
- Semaphor 2y ago
  The ADAC (German car club/lobby) has a summary of the current rules and cases [0]. Even giving it to the police can be illegal (though we also don’t have a general fruit of the poisonous tree doctrine, which might make it illegal but could still mean the court can use it). It’s all kinda complicated. [0] https://www.adac.de/verkehr/recht/verkehrsvorschriften-deutschland/dashcam/ https://www.adac.de/verkehr/recht/verkehrsvorschriften-deuts...
- vetinari 2y ago
  Technically, yes, but that won't stop random cop stopping you and haggling you, when he sees one. The Austrian ones can be pretty arrogant and you don't want to ruin your day for that.
croes 2y ago
That's no longer true. Dashcams are allowed but they are only allowed to record a certain time period and must overwrite previous recordings so that you only have footage of an accident and not 24 hour surveillance material

boffinAudio 2y ago

>You aren't allowed to film people in public without their consent. This is incorrect. You are allowed to film anything you can see and hear in public - you are not allowed to publish those pictures, or use them for any commercial purpose, without consent.

Rinzler89 2y ago
Not true. For example I can't just pick someone on the street, point my phone at them and start following them around filming them specifically.
- deleted 2y ago
  [deleted]
- boffinAudio 2y ago
  Yes, you absolutely can do that. This is how security cameras work. I absolutely have the right to film you in public, common areas. What I can't do is use that footage commercially, use it to degrade the person, or publish it in any way without the persons permission.