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The public isn’t always ‘public’. Why you should respect people’s privacy in public spaces

By Mae Edillon Dec 1, 2023 | 11:15 AM

How can we capture candid images with a clear conscience? (Mae Edillon)

With the rise of social media and smartphones, it’s easier to take photos and videos of just about anything and share it anywhere. The increasing concerns for privacy on and offline also makes this issue more crucial to touch on.

On one hand, you’re in a shared and public space. On the other, a person has the right to their own privacy. Things get more complex when you consider some people do this as part of their job. 

Taking photos and videos of people in public

In Canada, it’s not illegal to take photos or videos of anyone in public, even without consent. At least for the most part. There are ways this can become criminal, from limiting anyone from using the space freely, or even harassment.

Although it’s implied that some privacy is taken away when you are out in public, there is a limit. This needs to be approached with both respect and understanding.

What this means for photographers, broadcast and media professionals

As professionals, we are sometimes faced with this dilemma every time we’re sent out. There is, at least to some degree, discomfort that comes from people out in public and the one holding the camera. I feel it every time I go to film b-roll or take pictures of a space full of people. I hate the weird looks I get carrying the equipment, setting it up, and letting the camera roll. This is something I’ve never done before and I’ve never felt so self-conscious.

Why we do it

  • To collect information and context for current events
  • To visually portray what is happening or going to happen
  • To establish the environment and the people there

There may be some comfort that the equipment we use cues the public that this isn’t used for questionable reasons. These are not malicious by any means, yet there is still some uneasiness. 

It all depends on intent

Some still argue there’s no good reason to record anyone in public. There’s those that take advantage of other people for personal gain. I’ve heard stories from friends that felt anxious that a phone was pointed their way. It’s disheartening.

Even then, there are special circumstances that can justify the need to take a photo or video. It’s easier for people now than ever to turn on their phone camera and expose groups or individuals being public nuisances or worse, sometimes even in real time, to the masses.

Taking photos and videos responsibly

Some photographers practice asking for consent. Someone may come up and ask to stop and delete what’s taken of them. People’s privacy needs to be respected. It’s important to consider everyone involved when you decide to take photos or video out in public. You know what your intentions are; be sure that you are not hurting anyone or being disrespectful in public.

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