A Quick Guide to Photography in a Public Place
If you’re taking part in a photomarathon, chances are some or all your photos will be taken out in public places. There is something uniquely satisfying about capturing a raw, candid slice of daily life. But before you head out with your camera, it’s vital to understand the "rules of the road"—both the legal ones and the social ones. This guidance is directed at UK photographers; rules are different in other countries. Also, we are not lawyers, so this is based on our understanding and the freely available information on the web.
Public vs. Private Spaces
The UK is one of the most photographer-friendly places in the world. If you are standing on public property, the law is generally on your side. You are free to photograph almost anything or anyone you see (this is sometimes referred to as “Freedom of Panorama”, and applies in many other countries to). If you can see it, you can shoot it. Buildings, vehicles, graffiti, boats, parks, people in the street, people playing sports, people in punts, people in political demonstrations, people on a park bench – they’re all fair game.
In a private space, the rules are set by the property owner and may be enforced by their staff or their representatives. Many places that are open to the public are actually private spaces – shopping malls will often enforce a no photography rule, shops and restaurants likewise. Even an apparently public space like a science plaza may be private, and you could be asked to stop taking photographs or even to leave. It’s important to comply if this happens – failure to comply is an offence, and getting arrested will seriously impeded your chances of taking 12 photos in 24 hours. But nobody has the legal right to force you to delete your photos. Not a security guard, and not even a police officer – that needs a court order. Your memory card is your property.
However, even in a public space, there are three major "red lines":
The Privacy Line: You can’t stand on a public road and zoom into someone’s living room window. If a person has a "reasonable expectation of privacy," respect it.
The Harassment Line: Taking a photo is fine; following someone down the street, shoving a camera in someone’s face, or being aggressive, is not.
The Indecency Line: Don’t be creepy.
When to Put the Lens Cap On
There are a few instances where the free for all stops. Due to anti-terrorism laws, you should avoid photographing police officers or uniformed military without their consent. In the current political climate, be careful photographing government buildings and places of worship – it’s not wrong, but if challenged it’s much better to engage with the person and explain what you’re doing, and be prepared to walk away. Be aware that, while police officers cannot generally demand to see your images, they can under prevention of terrorism laws.
The Golden Rule: Just Because You Can, It Doesn’t Mean You Should
Legal rights are great, but social grace is what keeps the hobby alive. If someone looks uncomfortable or explicitly asks you not to take their photo, the best move is usually to smile, nod, and move on. Sometimes, the best "shot" is the one you don't take out of respect for another human being. If you see someone with a look you love, try the radical approach—ask them! Explain what you’re doing. A polite request for a portrait often leads to a better photo and a much better interaction, and might recruit a new Photomarathon convert for next year!
Bottom line? Put yourself on the other side of the lens. Shoot with empathy, stay aware of your surroundings, and shoot with integrity.
There are many great blogs on this subject. Much of the information here was drawn from The laws of street photography - Photography News by Lee Renwick.