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alex77456 | 5 months ago
With the OP example, people getting recorded are not bystanders catching stray camera focus, they are the subject of the video. Without other participants, there would be little 'content'. Imagine going to an indoor climbing venue, recording someone else, and publishing just that.
stuartjohnson12|5 months ago
I think this is a case where the reasonable person test is excellent. Is this use of a camera reasonable for personal/professional purposes
You should be expected to take reasonable steps not to victimise someone by use of a video camera, subject to public interest. That means filming strangers with intent to provoke them should be a crime but raging car park lady cannot reasonably claim to have been victimised. Consent affects what is reasonable without creating a duty-bound obligation not to film without consent.
We already have "reasonable expectations of privacy", why not flip that?
hermannj314|5 months ago
Ephemeral public has no expectation of ephemeral privacy, but me walking down a street with a handful of people on it should not lead me to expect that being recorded and having it broadcast to the entire human race, permanently, for eternity.
borski|5 months ago