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GDPR and street photography

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/

  • Domestic purposes – personal data processed in the course of a purely personal or household activity, with no connection to a professional or commercial activity, is outside the GDPR’s scope. This means that if you only use personal data for such things as writing to friends and family or taking pictures for your own enjoyment, you are not subject to the GDPR.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/#ex16

Journalism, academia, art and literature

This exemption can apply if you process personal data for:

  • journalistic purposes;
  • academic purposes;
  • artistic purposes; or
  • literary purposes.

My take on this is that if you are taking pictures of people in public without their consent just for personal artistic use, even if you put them on social media or publish them otherwise non-commercially, this is allowed because not only is it for domestic purposes, but it’s also exempt on art grounds.

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