If a person uploads a photograph of a landscape to their social networks and I appear in it by chance, is it legal? Let's solve the enigma of whether you can take photos without permission on the street. If you have doubts about a particular matter, it is important that you put yourself in the hands of professionals specialized in the subject, such as at fincaslegal.es , so that they can study your specific case and give you a solution.
Is it legal to take photos on the street without permission?
In general, Spanish law allows taking photos or videos in public places, such as streets, squares and parks, where people may appear, without requiring explicit permission from each individual. However, it is essential to understand some important nuances.
There is a clash of rights and a balance must be weighed. Does the right to one's own image or freedom of expression prevail?
Every individual has the right to control how their image is used and to protect their privacy and dignity. However, in public spaces, this protection may be more limited due to the presumption that people may be incidentally captured in photos or videos by other people present.
Our image and use depends exclusively on us.
In Spain we have Organic Law 1/1982 of May 5 on the right to honor and one's own image, which aims to develop and guarantee these rights that are included in article 18 of the Constitution .
Thus, if we go to article 7 of this Organic Law it tells us:
«The following shall be considered illegitimate intrusions into the scope of protection defined by the second article of this Law:
5. The capture, reproduction or publication by photography, film, or any other procedure, of the image of a person in places or moments of his or her private life or outside of them, except in the cases provided for in article eight, two.
That is to say, in principle, taking photos without permission on the street would be an shareholder database illegitimate intrusion . However, this is not an absolute right and is thus included in article 8 of this same law, which states:
« In particular,
a) Its capture, reproduction or publication by any means when it concerns persons who hold a public office or a profession of notoriety or public projection and the image is captured during a public event or in places open to the public . »
In the first part of section A of the article, it refers to public figures (such as celebrities or politicians) and in the second part, it talks about those images that are taken in public places or at a public event; in this case, it would not be an illegitimate intrusion .
So… can I take photos on the street without permission? Yes, as long as the photograph is taken at a public event, in the context of an event and the presence of people is merely incidental or the image is within a “social use”.
Another thing is if you take a photo of a specific person passing by on the street and publish it, that would be an illegitimate intrusion and would go against article 18 of the Constitution. In fact, that person could sue you.
