You take your camera with you everywhere and take a lot of pictures / videos, and the people caught in the lens are indignant and threaten with the court? There are special cases when it really comes to litigation. Only in some situations you really do not have the legal right to shoot, and in others - no one has the right to prohibit you from filming.
What does the law say?
So is it possible to film a person without his consent? For the correct answer to this question, it is necessary to analyze the situation. At the legislative level, this issue is regulated by Article 152.1 of the Civil Code of the Russian Federation. The law states that the use of the image, its publication, is allowed only with the consent of the citizen, and after the death of the citizen with the consent of his relatives. In this case, it is important to understand that the shooting process and the use of the image are different concepts. Just taking pictures or filming is one thing, and uploading the received materials is another. Thus, article 152.1 of the Civil Code does not contain a prohibition on photographing a person, however, it is necessary to obtain permission to use the image and publish the received materials.
In addition, the article contains a clarification that a person's consent to the publication and use of the image is not required if this image was obtained in a public place open for free visit (beach), or at any public event (concert, etc.), also consent is not required if the use of the image is carried out in the state or other public interests (a photo of a wanted person), and the third case when consent is not required is if the person posed for a fee.
When are you right and when are you wrong?
As a conclusion: if you are shooting on the beach and, among other things, a person gets into your lens, then you are not breaking the law. You will not violate it even if you publish a photo in open sources, which in turn does not prohibit a person from filing a claim to remove materials from his image from open access. However, if you take a close-up photograph of just one particular person in a public place, then in this situation you will need consent to the publication. You will not break the law by simply filming a citizen, but if the filming was not made in a public place, then according to the law, the permission of the person will be required to use the image. However, filming itself is not prohibited.
It's important to understand that viewing a photo is essentially using an image! If you nevertheless published an image of a citizen, printed a photo or recorded a video disc that was not filmed in a public place, then, on the basis of a court decision (if the court satisfies the plaintiff's demands), you will need to delete the image, and all tangible media will need to be removed. Compensation in this case will not be made and the material loss for printed photos and recorded discs will lie entirely on you. If the image of a citizen obtained in violation of the requirements of Article 152.1 of the Civil Code of the Russian Federation was published on the Internet, the citizen also has the right to demand its removal and prohibit its further distribution.
In this situation, as an example, despite the various legal systems in the United States and the Russian Federation, one can recall the situation with Beyoncé, who demanded to remove ugly photos from the Internet in court and her requirements were satisfied, but finding these photos on the Internet is still not difficult …
