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What are the rules around taking photos or filming in a public place?

What are the rules around taking photos or filming in a public place?

It is generally lawful to take photographs of people in public places without their consent. However, you must not film or take photos of people if they are in a place where they can expect privacy (such as a public changing area or toilet) and that person:

  • is naked, in underclothes, showering, toileting etc
  • is unaware of being filmed or photographed
  • has not given consent to be filmed or photographed.

You should not take photos of people if:

  • they are in a place where they would expect reasonable privacy and publication would be highly offensive to an objective and reasonable person
  • it has potential to stop other people's use and enjoyment of the same place
  • you have no legitimate reason for taking the film or photos.

However, you can take and/or publish photos or film of people where there is no expectation of privacy, such as a beach, shopping mall, park or other public place.