When walking down the street in bustling New York City, one could see the tall buildings reaching out to touch the sky and the endless rows of people filling the streets. However, with everyone having access to a personal camera in their pockets one may also see someone taking a picture of them without their permission. However, with current rules and regulations, anyone could snap a picture of someone else just walking down the street.
It is a surreal experience to see yourself in the background of someone’s selfie or in the outskirts of a family photo. A face permanently etched in their mobile device’s history. This universal experience makes taking photos uncomfortable for everybody.
Currently, as protected by the First Amendment, one has the right to take a picture of anyone they want if they are within a public area. However, there is an expectation of privacy in certain public places like bathrooms.
However, it’s time for new laws regarding public photography to be worked into everyday society. Many have suggested that consent laws be put in place. These would entail asking each person photographed for consent to take a picture of them.
With that being said, these laws may create problems. Consent laws regarding photos would not allow for candid photos of people to be taken in public spaces. These laws would also lead to extra hoops and jumps for reporters just trying to publish their work for everyone to see. Reporters may even have to reach out to persons they photograph in order to abide by these laws.
What we need when it comes to photography is an awareness law. Theoretically, if someone takes a photo of you and intends to post it, they would have to let you know about it before making it public for everyone to see.
This law gives us the best of both worlds. On one hand photographers and journalists are able to take pictures as they need to create content. On the other hand, people would know when there is a picture of them that is being used on the internet.
Student photographer Cameron Bulanhagui agrees with this sentiment that new laws need to be put in place in order to protect privacy.
“As a person, I completely get being caught off guard by some random person taking a picture of me in public. It can definitely make me feel uncomfortable,” Bulanhaugi stated.
However, Bulanhaugi pointed out that an awareness law may not be the most effective law to protect privacy.
“I think having an awareness law put in place can be helpful. But as I think about it more, how effective could this actually be?” Bulanahagui questioned.
While there may not be a foolproof solution that protects privacy and press alike, there should be a solution suggested to a problem that we all face in our day-to-day lives.