The right in one's own image: photographing people

Answer Mathias Straub


This uncertainty is not entirely unfounded. There is no special rule that prohibits the mere production of personal images. The statutory right in one's own picture (regulated in the so-called Kunsturhebergesetz, KUG) prohibits only the unauthorized distribution and public display, which is not affected here in the production for purely private purposes. However, there are also general personality rights of every person who derive from the basic law.


An important part of the general personality right is to be able to determine whether a picture is made of his person at all. The right to one's own appearance and its pictorial fixation is attributable to every person, even if she has shown herself publicly. Whether there is a violation of the general personality right must be examined in the individual case by way of a comprehensive assessment of the interests of goods and interests. As a rule, however, the interests of the unauthorized photographed photographers are likely to proceed with the interests of the photographer in an entertaining travel report. The decisive factor for the photographer is whether a legally valid consent is given.


If the person is an adult and full-fledged, he or she can express this consent explicitly or express it by means of conclusive behavior. Small children, on the other hand, can not yet recognize the consequences of such consent. In this case, the parents must give permission for the child to make the photograph. In the case of minors who already have the necessary insight, it is necessary that they themselves also declare their consent. Parents can not "over the head of the child" determine their right to the picture.


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Whether or not the persons concerned ever get to see such a private travel report or are really disturbing the production of these photos, In many cases, however, the making of such photographs is inadmissible in many cases. However, there are exceptions to these fundamental prohibitions on the production of personal images. These exceptions concern pictures of people of the time, pictures of persons, if they are only to be seen as an accessory beside a landscape or place, and pictures of persons, who participated in public meetings or events.


There is nothing else for public servants. In principle, an authorization should be available. However, the above exceptions apply in the same way. For some areas, there are explicit prohibitions on photography, for example in court rulings. However, this has less to do with the persons concerned than with the respective situation. This is the legal situation in the United States. Whether it is prohibited in other countries because of regulations, the production and use of photographs should be examined and assessed according to the legal regulations of the respective countries

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This assessment is based on the available information. For a concrete assessment of individual cases, a review of the whole facts must be carried out.