There is no simple answer to this question. So let`s take a closer look at what the law says before we look at some general guidelines. It is not illegal for people to take pictures of your children in public places without your permission. As natural guardians of the child, parents are legally empowered to make decisions that are in the best interests of the child. Parents also have the legal right to give, refuse and/or withdraw consent for anything related to the child, including the child`s right to privacy. Our laws allow anyone in a public space to take photos, as long as photography is not prohibited in that public space. Even if you don`t intend to share the photos, you should still take precautions when storing photos of children. At the summer camp where I work, we were told we couldn`t take pictures because some parents didn`t sign consent forms. They said this camp and the photographer could be prosecuted. A Google search yielded nothing to confirm this. I just wonder if that is true.

If the parent physically injures the stranger or damages the stranger`s property (the camera), the stranger reserves the right to bring criminal charges against the parent. It is in the interest of parents to alert law enforcement. There is no right to privacy that prohibits people from taking a photo of a person on public property. In fact, you can take pictures of someone in their home or garden as long as you don`t invade their private property. If someone takes a picture on the street, as long as they are not physically unauthorized, there is no law preventing them. In Queensland, there is no law granting rights to an individual`s privacy. Therefore, it is perfectly legal for a stranger to take a photo of your child without your permission, unless the circumstances fall under one of the rare exceptions listed below. But when it comes to taking and sharing photos of your kids, the main thing to consider is consent. Would your children be happy if you shared pictures of them? In general, whether photographing violates a subject`s right to privacy depends on the subject`s reasonable expectation of privacy (PER). The more public a place is, the less EPR a person has.

For example, your EPR is very limited in a park or on the street. But there are risks associated with every photo of a child that appears online. It is important that we take the time to understand these risks. Unfortunately, it is perfectly legal for a stranger to take a photo of your child without your permission, unless the situation falls under one of these exceptions. The only time explicit consent is required is when the photo is used for commercial purposes. In a scenario familiar to all parents, you`re at your child`s soccer game on Saturday morning when you see the parents of the other team taking pictures of your children and filming them. You didn`t give them permission to take pictures or film your children, can they do it without your permission? Parents may also bring a civil action for damages; However, parents must take into account that, to the extent that the right to privacy is protected by the Constitution and the law of tort, the alien is also protected by the Constitution through the right to freedom of expression. We asked the LAW FOR ALL legal team to answer some of these pressing questions: However, this exception to private property does not apply if you and your children are on your private property, but the person taking the photos or filming is on a neighbouring property or on the street. The person taking the photos must be on your private property for it to be illegal. If they are not located on your property, they are considered taken in a public space and there is no law preventing it.

Images can be shared online by potential abusers. Anyone can copy, download, take screenshots or share any image. And with image editing software, even a completely harmless image can be turned into something completely inappropriate. Let`s say one day you`re in your garden minding your own business and you see your neighbor taking your picture from his upstairs window. Surely you think that your privacy has been violated. But did your neighbor actually break the law? Probably not. In general, you have no expectation of public privacy in the United States and your photo can be taken and used in most non-commercial applications without your consent. In the latter case, you should contact the organization that organized the event and ask for an explanation of the photo policy. Even if they reserve the right to use images taken at their event, they must still comply with your request to delete any photos you ask them to take. We are often asked this question: is it illegal to photograph a child in the UK? Children should always be consulted about the use of their image and consent to its use. You need to know that a photo or video is being taken and understand what the image is for. You should ask them what they think of the image shared online.

Although we do not have privacy rights in Queensland, there are laws aimed at protecting our personal information. The Privacy Act 1988 provides that photographs which establish the identity of a person may not be published without the prior consent of that person or the child`s parent or guardian. Photos of a child that can allow identification include: Other risks are longer-term. For example, the terms of use of some online platforms state that all images shared on their websites become the property of the network. You can sell these photos to third parties. Thus, your child`s image could be used for commercial purposes without you realizing it. There are a number of laws in the Queensland Penal Code of 1899 that prohibit photographing and recording children, even with their permission or that of their parents. Some of the photos and photos that would be illegal under these laws include: Again, the ICO has some guidelines that might help here. Your guide to access to information from a public body is essential reading. It`s also worth reading their guide to find out if organizations need your consent for photos. The law states that “making, making, sharing and possessing indecent images and pseudo-photos of persons under the age of 18 is illegal.