Can you film or photograph people in public places? Yes and No (the rules are complicated).
In January 2024, pianist Brendan Kavanagh hit the headlines when filming himself playing the piano at London’s St. Pancras train station – a group of Chinese tourists asked not to be filmed and it was reported that Brendan took issue with their request and published (or live streamed) the video anyway.
The Chinese tourists then decided to take legal action against Mr Kavanagh – But who was right?
Professional photographers and filmographers will know the answer to this already as the regulations and guidelines are very clear and well known amongst professionals.
It could easily be argued that the Chinese tourists were correct and that they do have a legal basis under the Human Rights Act, and possibly the GDPR, to bring civil proceedings against Mr Kavanagh.
As a member of the public, non-commercial filming in public is allowed, as is filming from a public space in to a private space (within reason) – but keep reading to find out when you may run in to problems…
Filming commercially is very different; permits are required from the local council or land owner or building owner. If filming indoors or on private land, including most ‘public’ parks a GDPR privacy notice should be displayed to notify people that filming is taking place and a contact number or name given for those who wish to opt out of being on camera.
Quite often a Release document will need to be signed to be able to use images or recordings of buildings and individuals (such as interviewees) when the content is to be used commercially.
And a very important point that many people don’t realise (the Chinese tourists did know this)…
Whether filming commercially or for your own use, if you use the image or recording of a person who has specifically told you that they do not want to be filmed or photographed, then they can sue you for breaching their right to privacy under the European Convention on Human Rights (ECHR).
Additionally, like most other venues, St Pancras Station requires anyone filming commercially to apply for a permit to film. Train stations, shopping centres and gyms, for example, are not public spaces, think of them as private businesses that allow access to members of the public.
Mr Kavanagh’s filming could appear to have been for commercial reasons, as could be evidenced by his YouTube channel being monetised.
Whilst privacy in relation to commercial and indoor filming is a matter for the GDPR, there is also a right to privacy under the ECHR which can apply in all commercial, non-commercial, indoor and outdoor situations.
Basically, if somebody asks you not to use any videos or photographs you took of them, then you should obey their wishes or else you risk ending up in court.
This also applies to posting the images and video on social media. Remember, there may be safeguarding reasons, or other reasons you don’t know about, as to why the person has asked you not to use their image.
Here are some examples of where permits or licences are required to film commercially:
https://stpancras.com/filming-photography-and-events
https://www.royalparks.org.uk/commercial-licences/filming-photography
https://www.stpauls.co.uk/filming-and-photography
and very detailed overall guidance in the IPSO Editors Code of Conduct
https://www.ipso.co.uk/editors-code-of-practice/
