5 ms·

>> We walked past a restaurant and saw a bunch of people starting at a screen ... > Wikipedia has a table that claims your friend is wrong "Consent required f

>> We walked past a restaurant and saw a bunch of people starting at a screen ... > Wikipedia has a table that claims your friend is wrong "Consent required for action related to a picture of a person in a public place" a restaurant is not a public space.

spookie 2y ago
I think that legally, a crowded space is a public space in some EU countries
- 2-3-7-43-1807 2y ago
  what _you_ "think" doesn't matter. if it's on the premises of company then it's private.
  - nobodyandproud 2y ago
    Great. Can you provide any resources to back this up? In this case, the person is outside and not on the property; if the restaurant wishes to be private they can take measures (curtains or blinds) but they’ve chosen not to. This is where jurisdictions differ and is not cut-and-dry.
    - deleted 2y ago
      [deleted]
  - Marsymars 2y ago
    I don't know about "public place" in Germany, but that certainly isn't universal. In my jurisdiction (Canada), "public place" effectively means any location that is open/accessible to the general public.
    - deleted 2y ago
      [deleted]
  - willy_k 2y ago
    They weren’t saying what they think, they were saying what they think the law is.
  - spookie 2y ago
    I'm not a lawyer, nor am I familiar with how my neighbour countries define public spaces. My response was based on the fact that for tobacco legislation, for instance, public spaces are defined as follows by the EU commission: "places accessible to the general public or places for collective use, regardless of ownership or right of access" - Directive 2014/40/EU This implies restaurants. Another paper by the EU commssion regarding terrorist soft targets describes crowded spaces as public spaces as well. Given all this, I assumed that some countries in the EU share this definition, and some don't. Because in the end it's up for each country to decide, and it's always a mess like that.
tzs 2y ago
It is not public vs private place that matters in this situation. Here's a summary of German photography laws [1]. It's mostly based on privacy rights, and your privacy rights do not go away just because you happen to not be in a public space. [1] https://allaboutberlin.com/guides/photography-laws-germany https://allaboutberlin.com/guides/photography-laws-germany

spookie 2y ago

I think that legally, a crowded space is a public space in some EU countries

2-3-7-43-1807 2y ago
what _you_ "think" doesn't matter. if it's on the premises of company then it's private.
- nobodyandproud 2y ago
  Great. Can you provide any resources to back this up? In this case, the person is outside and not on the property; if the restaurant wishes to be private they can take measures (curtains or blinds) but they’ve chosen not to. This is where jurisdictions differ and is not cut-and-dry.
  - deleted 2y ago
    [deleted]
- Marsymars 2y ago
  I don't know about "public place" in Germany, but that certainly isn't universal. In my jurisdiction (Canada), "public place" effectively means any location that is open/accessible to the general public.
  - deleted 2y ago
    [deleted]
- willy_k 2y ago
  They weren’t saying what they think, they were saying what they think the law is.
- spookie 2y ago
  I'm not a lawyer, nor am I familiar with how my neighbour countries define public spaces. My response was based on the fact that for tobacco legislation, for instance, public spaces are defined as follows by the EU commission: "places accessible to the general public or places for collective use, regardless of ownership or right of access" - Directive 2014/40/EU This implies restaurants. Another paper by the EU commssion regarding terrorist soft targets describes crowded spaces as public spaces as well. Given all this, I assumed that some countries in the EU share this definition, and some don't. Because in the end it's up for each country to decide, and it's always a mess like that.

tzs 2y ago

It is not public vs private place that matters in this situation. Here's a summary of German photography laws [1]. It's mostly based on privacy rights, and your privacy rights do not go away just because you happen to not be in a public space. [1] https://allaboutberlin.com/guides/photography-laws-germany https://allaboutberlin.com/guides/photography-laws-germany