Photography And What You're Legally Allowed To Photograph
In the tenth article of the Finnish constitution, the right to privacy is guaranteed. In private spaces like homes, holiday homes, common areas inside residential buildings and other living spaces such as hotel rooms, tents, house boats, private yards and the like, it is illegal to take photos without permission. The spaces themselves such as the yards of residential buildings visible to a public space like the street are not protected by privacy rights but any and all people within them are. It's illegal to photograph anyone without permission in a private space like that. Even photographic evidence of criminal activity obtained without permission can be inadmissible in court.
Also, photographing minors without permission from their legal guardians is illegal even in public spaces where anyone can photograph anything. If there are children in photographs taken in public spaces in a crowd or a street view, for example, it is allowed as long as they are not the main subjects of the photograph (or video). Secondly, publishing photographic or video material of anyone even taken in a public space is illegal if that material would be offensive to that person. For example, if you publish a photo of someone lying on the street having passed out from intoxication or illness, you may be liable for compensation if they find the photo and it is found offensive.
Photographs for marketing purposes always requires the subjects' permission.
Are the laws similar in your country or are they different? If different, how?
Holy cow, that would suck! I make a point of doing all those things :)
I think it's a good thing that your face being used for marketing purposes without your permission or fair compensation is illegal. Also, being secretly photographed in the privacy of your own home would suck big time, which is why it's good that it's illegal, IMO. I also wouldn't want my kids to be stalked, secretly photographed and the photos published without my permission - especially if those photos were taken while they were in the privacy of our home.
Hmm, I think you are wrong. It is permitted to photograph children, even as main subjects, in public places. They are people (go figure) just as adults, and same laws apply. You can even publish the photos but you can’t use them for marketing without permission. Of course one needs to consider what is morally right, but the law is quite straightforward in this matter.
https://journalistiliitto.fi/wp-content/uploads/2017/03/Opas_lasten_haastattelijoille_ja_kuvaajille.pdf
Kohta 1.5.
https://www.freet.fi/ukk/
I got the idea that photographing minors without permission from a legal guardian is forbidden from school photographers always sending out a consent form to be signed to all parents before the photos are taken.
I think if you read up on it more, there was mention about something related to schools and such. They are most often considered as private buildings, though I think technically in the eyes of the law you could walk in to any school, but that would be highly frowned upon and I'm sure you'd get questions and asked to leave pretty soon.
But what comes to moral rights with publishing photographs taken in any public place and for example accident scenes, and possible monetary gain on it, the topic is very interesting and controversial. I think you'd enjoy being in school with me when we talk about these topics :D Edit: one of my school mates is a paramedic, so we have most sides to the argument present.
Thanks for the feedback. This is valuable info. Kids on the street are free game, at least legally, then (with the usual conditions applicable).
😂😂😂 Doesn’t sound at all wrong.
Correct. A photographer seems to be within his/her legal rights to economically exploit children on the streets in Finland.
No no no, you can only use them for pleasure, if you gain money, you have to give them a cut.
Edit: that was probably too far. People, I’m joking.