The AVG or GDPR also applies to street photography? You are no longer allowed to photograph people on the street because it is data processing? A short but powerful answer is: not at all.
Many photographers and others have the idea that with the entry into force of the AVG (General Data Protection Regulation) from May 2018 there would no longer be a possibility to practice street photography. Even friends all mail articles from others who have to confirm that. The answer is: that is not true!
The AVG itself has little to do with photography either. The AVG does nothing more than determine what one can and cannot do with personal data of people. Street photography is by definition not about this, it is not about registering people but mostly situations. Many make a point of the fact that a photo of a person is by definition personal data. In a number of cases this is true, but in general this does not apply to street photography. With street photography, it is almost by definition a photograph of random people who are not recognizable. Therefore it is not a registration of personal data. If that were the case, then that is indeed the end of street photography.
You can go through all my street photos on Flickr and it would be very strong if you recognize someone on them, so no registration of people but of a moment.
And that is precisely where the point is in this story. A random photograph taken on the street with one or more random persons on it will hardly be able to lead to the identification of one or more specific persons, so such a photograph does not meet the definition of what personal data is. The bill states that a person in a photo must be identifiable without any difficulty, and that is not a person in an average street photo. You will have to put a lot of effort into reducing a person depicted to a specific individual with the corresponding data. Only then you have given a personal data. If a person recognizes himself in a street photograph that I have made, that only means that the person depicted recognizes himself. However, that does not of course mean that this person is also immediately recognized and identified by others.
Be careful with photos of famous people because they are subject to different rules such as portrait rights.
Certain exceptions have been included in the AVG for journalistic, literary and artistic purposes. That means that as a photographer you can always just keep photographing! If you take the photos for advertising or an article from a magazine or a photo competition, it is better to ask permission from the person in the photo.
So there is absolutely no reason not to be busy with street photography. You must keep the AVG law in mind. Also make sure that you stand up to comments that sometimes come up while making street photography. For example, if someone asks you to delete a photo, just do it, others will replace it.
So conclusion, just hit the street! The title photo includes people who are probably never traceable to the average Dutch person and this was made with the AVG in force.
Do you want to read more about this topic? Here some links.
op straat vallen niet onder de AVG, ze zijn onderdeel van het straatbeeld en het is niet het vastleggen van personen om te identificeren en dus geen persoonsgegeven.
Selected messages for you
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