We have a similar law in the UK but it does depend on what you mean by public place.
In somewhere like a public toilet block, at least here in the UK, you have an expectation of privacy. If some creep in Meta glasses is filming you take a piss then they are breaking the law.
If you were on a public beach sun bathing then you probably don't have that expectation of privacy.
In most eu countries, you can record in public, but gathering identifying data ("making a database") is strictly regulated, and that includes faces from those photos. You can't even point a security camera at public areas (ie. outdoor camera recording the street infront of your house), because that's enough data to make it a "database".
The easier way of phrasing it is "you can't record in public, except in certain circumstances". Those certain circumstances just happen to encompass most things reasonable people want to do.
In Europe there is very much an expectation of privacy in public. But that expectation is not absolute, it competes with various other rights and public interests.
For example you can make street photography without blurred faces, because art trumps privacy in this instance. If you start making photos of individuals instead of areas then privacy wins out again and you need consent. A surveillance camera is not creating art, so it doesn't have that excuse going for it and needs a really good reason to be pointed at public areas (and "I fear someone's going to break into my private home" is generally not a good enough reason). And even if you can set up the surveillance camera, operating it requires complying with the GDPR, which has a lot to say on that topic
Short answer is its complicated and will vary from member state to member state. My parental unit had a dispute with neighbor over where his camera is pointed and filed some motion to see what he does with it ( 'not making a database' part ), but the law was mostly toothless as the enforcement of it lacked. On the other hand, the dispute part of the real estate was handed real toot sweet, because everyone and their mother cares about outcomes in those.
tldr: I wish I could tell you there is a simple tldr
Some right to record in public may be protected by the current jurisprudence invoking the first amendment, but the first amendment itself obviously doesn't say anything about the right to record in public:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It's a bank shot. SCOTUS has recognized that newsgathering gets some first amendment protection because "without some protection for seeking out the news, freedom of the press could be eviscerated" (Branzburg v Hayes).
One could argue that having a contractor of US intelligence service (Google) collecting data on every citizens all the time isn't exactly “news gathering” and ought to be prevented if one wanted to abid to the spirit of the Constitution.
Private businesses, however, can choose to refuse service for any reason as long as it’s not discriminatory. If enough businesses collaborated to create a “no camera glasses” policy, people might be less likely to buy them. This could keep the market small.
Perhaps a good approach would be to pressure businesses about this. Frankly they probably don’t want pervasive recording of their employees anyway.
I highly doubt that businesses will take a stand against these camera glasses. The kind of people that buy these smart glasses are usually a) wealthy, and b) not very frugal. What business would want to turn away the people with lots of money?
> What business would want to turn away the people with lots of money?
Plenty? Random dive bars, for example, probably don’t care how rich you are (it’s not like a millionaire is going to buy 10x more $5 beers than an average person).
We have a similar law in the UK but it does depend on what you mean by public place.
In somewhere like a public toilet block, at least here in the UK, you have an expectation of privacy. If some creep in Meta glasses is filming you take a piss then they are breaking the law.
If you were on a public beach sun bathing then you probably don't have that expectation of privacy.
In most eu countries, you can record in public, but gathering identifying data ("making a database") is strictly regulated, and that includes faces from those photos. You can't even point a security camera at public areas (ie. outdoor camera recording the street infront of your house), because that's enough data to make it a "database".
You can record in public, but you can’t point cameras at public areas? That seems contradictory
Or is it the fact that it’s always recording that makes the difference or something?
The easier way of phrasing it is "you can't record in public, except in certain circumstances". Those certain circumstances just happen to encompass most things reasonable people want to do.
In Europe there is very much an expectation of privacy in public. But that expectation is not absolute, it competes with various other rights and public interests.
For example you can make street photography without blurred faces, because art trumps privacy in this instance. If you start making photos of individuals instead of areas then privacy wins out again and you need consent. A surveillance camera is not creating art, so it doesn't have that excuse going for it and needs a really good reason to be pointed at public areas (and "I fear someone's going to break into my private home" is generally not a good enough reason). And even if you can set up the surveillance camera, operating it requires complying with the GDPR, which has a lot to say on that topic
1 reply →
Short answer is its complicated and will vary from member state to member state. My parental unit had a dispute with neighbor over where his camera is pointed and filed some motion to see what he does with it ( 'not making a database' part ), but the law was mostly toothless as the enforcement of it lacked. On the other hand, the dispute part of the real estate was handed real toot sweet, because everyone and their mother cares about outcomes in those.
tldr: I wish I could tell you there is a simple tldr
7 replies →
Some right to record in public may be protected by the current jurisprudence invoking the first amendment, but the first amendment itself obviously doesn't say anything about the right to record in public:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
It's a bank shot. SCOTUS has recognized that newsgathering gets some first amendment protection because "without some protection for seeking out the news, freedom of the press could be eviscerated" (Branzburg v Hayes).
One could argue that having a contractor of US intelligence service (Google) collecting data on every citizens all the time isn't exactly “news gathering” and ought to be prevented if one wanted to abid to the spirit of the Constitution.
Private businesses, however, can choose to refuse service for any reason as long as it’s not discriminatory. If enough businesses collaborated to create a “no camera glasses” policy, people might be less likely to buy them. This could keep the market small.
Perhaps a good approach would be to pressure businesses about this. Frankly they probably don’t want pervasive recording of their employees anyway.
I highly doubt that businesses will take a stand against these camera glasses. The kind of people that buy these smart glasses are usually a) wealthy, and b) not very frugal. What business would want to turn away the people with lots of money?
Plus the footage goes on social media as free advertising.
> What business would want to turn away the people with lots of money?
Plenty? Random dive bars, for example, probably don’t care how rich you are (it’s not like a millionaire is going to buy 10x more $5 beers than an average person).
I’m d assume businesses like social media attention, so if these cameras post to Social Media that’s free advertising.
Also, how would you differentiate banning cameras on glasses vs cameras on smartphones. It could get murky