Photographing People in Public and the Protection of Privacy: The Jurisprudence of the European Court of Human Rights and Some Comparisons with England

Abstract

This study examines certain aspects of privacy protection, addressing the questions of whether it is possible to consider a person’s image (most often a photograph) as part of their private life and whether the protection of privacy can be claimed in public spaces. A thorough examination of the European Court of Human Rights (ECtHR) and English case law reveals that these questions can be answered affirmatively. Certain general principles emerge from this case law, which take into account the freedom to discuss public affairs, namely, the protection of freedom of speech and freedom of the press. Based on an examination of these, it seems that a connection with a matter that qualifies as a public affair justifies the protection of the freedom of the press, meaning that purely tabloid content does not enjoy such protection. This creates widespread protection for freedom of expression and freedom of the press and may also result in numerous frustrated privacy plaintiffs.