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Taking photographs – PrivacyIn January 2009 the European Court of Human Rights (EctHR) delivered judgment in the case of Reklos & Davourlis v Greece (App. No. 1234/05).
The facts are a bit thin but involve parents of a baby boy who was taken to a special care baby unit after he was born. Unknown to the parents the hospital allowed a photographer to take pictures of the baby. The photographs were later presented to the parents who were upset that the hospital had allowed the photographer access to their baby inside the unit. The clinic refused to hand over the negatives.
The Court found that taking photographs on this occasion violated the baby's right to respect for his private life.
The Court noted that the negatives belonged to the photographer, that the parents were refused the negatives and that the images might be exploited, contrary to the wishes of the baby or its parents.
This ruling suggests that consent of the subject to the mere taking of the photograph is crucial, not least because it presupposes a discussion as to the future use/exploitation of the image and by whom.
Adults can also object to their photograph being taken by others.
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This article is intended for general interest, it is not intended to constitute legal advice or to be a definitive analysis of the law. Readers should seek legal advice on the issues raised before taking any action.