alt Hacker NewsDon't you need to obtain consent before filming random people in the street? I already feel uncomfortable when someone takes a photo in public and I happen to be in it, but this type of device takes things to an entirely different level. With smart glasses, there's no visible cue that you're being recorded. No phone held up, no camera in sight. I'm questioning the legality of this in Europe, where privacy laws tend to be stricter. In the meantime, should I just assume that anyone wearing these glasses is always filming? And would I be within my rights to ask them to stop the moment I notice them?
Replies
US here. Definitely more permissive than any EU nation. Public space typically means free for all in terms of recording[1]. The incident I link is relevant as we are bound to see a whole new bunch of 'content creators' going for various new ways to engage the public.
https://patch.com/illinois/lakezurich/il-student-punches-pro...
> Don't you need to obtain consent
Different laws in different countries.
> before filming random people in the street?
That would make taking pictures impossible, so no, such a requirement cannot be reasonably() codified into law.
() By reasonably I mean in a way to be actually followed. Of course there are lots of impossible laws created by politicians to cater to their fan base.
I'm pretty confident that these would be illegal in public spaces in Norway.
Many countries in Europe do indeed require consent. More details: https://en.wikipedia.org/wiki/Personality_rights#France
These glasses have a light when recording. You can buy many hidden recording glasses that are much more discrete with no light. Are you also paranoid when someone has their smartphone in their shirt pocket with the camera exposed?
In the UK the general rule is that you can take pictures and video in public places (there are exceptions and restrictions).
If you could not take photos of people in public places it would imply banning a lot of things that have been acceptable for a long time.
In Germany, you don't need permission for recording image material (including moving images) in public places, though usage of the material might be restricted.
However, audio recording of conversations is prohibited.
Filming vs. Publishing
Filming is legal. In public spaces (streets, parks), there is no "reasonable expectation of privacy." You do not need permission to point a camera. The exceptions are usually for offensive or harassing type of filming.
Publishing is regulated. In EU, once you share the footage , you are "processing personal data" under GDPR. There are also exceptions where publishing without permission is legal. Legitimate Interest (security footage or incidental background), Public Interest/Journalism, and Artistic Expression.
Generally you must ask permission to publish, not to film. Although asking permission to film is good ethical principle too.
No, for most countries
I mean, otherwise countries couldn’t use security cameras
In Sweden, you're allowed to film/photograph in public without the need for any consent.
There is (in general) no expectation of privacy in public in Europe. How you can use the material though, is a different matter ...