can someone take your photo in a private place?

[Xordium]

However the latter is legally dubious and IIRC there are questions as to whether a school can legally stop you taking photos at a school sports day.

A school whilst a public building (like a hospital) functions on some principles of exclusion and therefore a private component does apply, for example, you can commit trespass etc. Therefore, in the case of a school and in relation to the example you gave ie a sports day then the data protection act would say that the photos, taken by parents, did not require permission as they were for personal use and the grounds of a school would fall under the allowed photography of external private property. This is providing they were used for personal use - placing them on open social networks for public display would then require consent as that would no longer be personal use.

For say photographs taken as part of a school project in school for school then the act of allowing the child into school would be taken as tacit consent. My contention was when the school would be using photography for essentially commercial reasons. Then the school would require consent. Or if the school were to exclude parents taking photos but then use a local third-party photographer and try to sell those photos.

 

[Amp34]

I'm not sure on the latter two points that the school would require consent, other than from themselves, which of course they would give?

 

[D.P.]

If you have an international market yes (which is why all the big photo sites require them). Any examples of markets in the UK that need one?

To be honest I don't know, but I have a feeling if you take a photograph of someone and you use t for a large advertising campaign and their face appears on billboards across the country you may have an issue. I could be totally wrong. Certainly you can photograph anyone and sell the photos as art or sell the photo to editorials.

Taking a photo of someone is very rarely ever a legal issue unless it affects national security.

 

[Amp34]

I can see where you're coming from and I think in those sort of situations a professional photographer would almost certainly get some kind of contract drawn up for safety and potential later claims issues, but legal requirement of any sort? Probably not (I think, but like you I'm not 100% sure in that situation).

 

[Xordium]

I'm not sure on the latter two points that the school would require consent, other than from themselves, which of course they would give?

They would. If a school take pictures of pupils for promoting the school then that would not classed as personal use as it is for public consumption and promotion covered by the Data Protection Act and therefore guidelines indicate it requires consent. And on the final one again they could not restrict parents from taking pictures of the children and then effectively employ someone to do it on their behalf for their gain - the act applies to both parents and the school. We had to be quite up on this where I worked due the type of clients we had and the press intrusion and what we could and could not do about it which normally ended up with private security "having a quiet word" i.e. no camera or broken camera no more problem.

Taking a photo of someone is very rarely ever a legal issue unless it affects national security.

All medical photography should be supported by consent. Consent also applies as I have detailed above but feel free to tell me to get a grip if you so choose.