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[-] dependencyinjection@discuss.tchncs.de 1 points 1 month ago* (last edited 1 month ago)

You seem to want to me prove that a law doesn’t exist where it’s much easier for you to show me a law doesn’t exist.

You can read this House of Commons debate on the topic Here

Police officers have the discretion to ask people not to take photographs for public safety or security reasons, but the taking of photographs in a public place is not subject to any rule or statute. There are no legal restrictions on photography in a public place, and there is no presumption of privacy for individuals in a public place

Or you can read This debate from the House of Lords.

The taking of photographs in a public place is not subject to any rules or statute. There are no legal restrictions on photography in a public place … and the Home Secretary … expressed our desire to ensure that people are free and able to take photographs in public places

Seems pretty simple really. Although I will concede that processing or personal identifiable information, even if done ok device, would likely be a breach of GDPR.

As for your assertion that I habitually break GDPR, yeah sure in this hypothetical scenario, but thankfully as a software engineer we have a team that handles this for us.

[-] General_Effort@lemmy.world 0 points 1 month ago

I have provided the requested Articles in the GDPR. "Presumption of privacy" is not a concept in the GDPR. The GDPR is not a privacy law. It is concerned with data protection.

Debates in either Chamber of UK parliament are not a source of law. Especially not when they took place a decade before the GDPR came into force.

Do you need any further help?

[-] dependencyinjection@discuss.tchncs.de 1 points 1 month ago* (last edited 1 month ago)

You seem to be misunderstanding my hypothetical application and my street photography.

To make it abundantly clear, as per the discussions in the House of Commons / Lords, that taking photos of people in public is not limited by any law, stature, or rule.

So I am free to take whoever’s photo I choose and in fact that extends to publishing those photos online as the person in the photo isn’t easily identifiable, like you can’t get their name from it, they don’t have a right to stop publication simply because their face is shown providing the image isn’t defamatory, misleading, or used for commercial purposes.

UK GDPR may apply if:

  • The subject is clearly identifiable, not incidental, and
  • the photo is used in a context that processes or organises personal data (eg tagging, profiling, categorising people)

Key point Artistic and journalistic expression are except from most GDPR rules, under Article 85, if the images are published as part of legitimate artistic or documentary work.

So:

  • A candid street photography posted to a gallery as art or commentary is generally except from GDPR
  • A facial recognition project or tagging system using those images then GDPR applies fully.

So do you want to refute these claims when you’ve read Article 85 or concede, as conceded to your other points.

Also, your tone leaves something to be desired.

Edit: Furthermore, they are not a source of law they’re a source of an absence of law as was evidenced by those debates and Article 85 as I articulated above.

this post was submitted on 24 Jun 2025
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