Re: Issues with railway photography in CH?


Am 20.08.2020 um 10:03 schrieb Chris Wood via
picture which aims to depict the person as such is considered an
infringement of personality rights
This is the important point. Because there is also the right to freely depict public places in Switzerland ("Panoramafreiheit"). This means, taking a photo of a train where you can see people but not necessarily recognizing them, is allowed. But taking a detail photo of a train window with exactly one, clearly recognizable person, is an infringement of personality. Somebody standing in a public place, e.g. a railway platform, seeing me taking photos and not moving back, can't claim an infringement of personality.

It's not always easy to distinguish the two situations. I never had a problem with this in railway stations. But I once had in the street in front of my house. For some reason I wanted to take a photo of the street. I saw a strange chap walking in my direction. I could have well done without that chap in my picture but he didn't seem to bother so I took my photo and stepped toward my house. Suddenly that chap was behind me, shouting I had taken a picture of him and that wasn't allowed and I had to delete the photo. Now I wasn' t in the mood to argue with him, even more as I really didn't like him to be in my picture, so I deleted it and took another photo.

Of course I hadn't deleted all pictures with his image... but I still don't like them. I prefer the ones without him. ;-)

Markus, G├╝rbetal

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