Filming people without consent - that's allowed

Filming people without their consent is not actually allowed, but there are certain exceptions. We have summarized what these are for you.

The right to your own image

The Art Copyright Act (KUG) regulates in paragraphs 22 and 23 the right to one's own picture.

• In principle, people have the right to decide about film and video recordings.
• When you take a photo of a person, you need their consent.
• Violations can lead to warnings and fines.
• Up to ten years after the photographer's death, pictures require the consent of relatives (spouses, children or parents) before they can be used.
• If the person in the photo has accepted money in return, this is considered consent.
• The legal guardians decide on photos of children under the age of twelve. Children over twelve decide with and from 18 years the people can decide for themselves.

Exceptions to the right to one's own picture

There are of course some exceptions. For example, people of public interest may be photographed, provided this does not violate other rights.

• For example, people in the public interest are scientists, politicians, actors and other artists.
• Relative current events are people who are of interest due to an event, but generally not people in public life. Here you have to decide on a case-by-case basis.
• If people are in the picture as an accessory to the landscape or the event, their rights to their own picture are not violated.
• Especially at meetings in which the depicted people have participated, the depicted are considered to be accessories.
• If the image is of greater interest to art, rights to your own image can also be suspended.
• The law is open, but also spongy, and if in doubt, personal interests must be weighed up.