Street Photography Legality
Photographers and others have recently become concerned by misleading information
issued by the Home Office in a Guidance Leaflet for Asylum Seekers. This incorrectly sates
that it is illegal to photograph people in public spaces.
The National Union of Journalists, and others, have written to the Government pointing out
the error and urging that it is corrected. They rightly express concern that this implies an
infringement of Civil Liberty.
Currently In the UK, it is generally legal to photograph people in public places without
their permission. Public places include streets, parks, beaches, public squares, and other
areas where the public has access.
Key points:
No general law requires consent to take a photograph of someone in a public place.
You may photograph adults, police officers, buildings, public events, and street scenes from public land, provided you are not breaking another law.
Photography can become unlawful if it amounts to harassment, stalking, voyeurism, or other criminal conduct. Repeatedly following and photographing someone in a way that causes distress may lead to legal consequences.
People have a reasonable expectation of privacy in places such as toilets, changing rooms, and private homes, even if a photograph is taken from elsewhere
Upskirting and other voyeuristic photography offences are criminal offences.
Special restrictions may apply in certain security-sensitive locations, such as some military or national security sites.
Taking the photograph is one issue; using or publishing the image can raise
separate concerns, particularly for commercial advertising, data protection,
defamation, or misuse of private information. A model release is commonly used for
commercial purposes.
So, if you are standing in a public street in the UK and take a normal photograph of people
going about their daily lives, that is usually lawful. The main legal risks arise from
harassment, privacy breaches, voyeurism offences, or certain restricted locations.