The law

Increasing paranoia about terrorism, paedophilia, health and safety, and  personal privacy has resulted in a growing mistrust of photographers. So, what do you do if you are taking photographs in a public place (the street, a beach, etc.), and you find yourself being questioned by security guards, police community support officers, the police, or others?

There are four basic points to remember:

1. Keep calm and polite.
2. Try to cooperate and comply with any reasonable requests. For example, whilst there is no legal requirement to show anyone the images you have taken, ‘standing on your rights’ may escalate the situation. In general, if your questioner wants to see the photographs you’ve taken, there is generally little reason to refuse. Don’t be ‘bolshie’.
3. However, at the same time, know that, in the UK, provided you are not causing an obstruction or harassment, it is legal to take a photograph of anyone or anything in a public place.*
4. Only a police officer with a search warrant can take your camera off you or require you to show your photographs. And no one, not even the police, can demand that you erase those photographs. That can only be done with a Court Order.

Unfortunately, even if you do remain cool and courteous, things can still escalate, especially if you politely refuse an illegal request to hand over a camera, memory card or erase images.

In that case, continue to remain calm and ask …

1. The name of the person who is demanding your images/memory card/camera
2. The name of their employer
3. On what legal grounds they are making their demand
4. Whether you are free to leave. If they say you are not free to leave, ask how they intend to stop you and on what legal grounds they are detaining you.

Bear in mind that things are significantly different if you are on private property – and there are a lot of places that are private property, but to which the public have free access: for example, parks, churches, shopping centres and ‘right to roam’ land.

Things also get more complicated if you are taking photographs for commercial purposes.

For more comprehensive coverage of these issues, read a two-page guide that Linda McPherson has written – available as a PDF file from Photographers Rights in the UK.

And if you are in the USA, check a brief guide written by Bert P. Krage – The Photographers Right

If you are involved in an incident with the police in UK, you can get free legal advice from Liberty (Telephone: 0845 123 2307, and their website is here).

And if you feel the police have treated you badly, you can lodge a complaint with the Independent Police Complaints Commission (Telephone: 0845 300 2002, and their website is here.)

Photographers rights are being challenged. Don’t let this pass un-remarked. If you have a genuine problem complain. It may be to the police, the company employing an over-zealous security guard or even your MP.

And let the newspapers know, too, both local and national. They are keenly interested in issues like this as press photographers also have problems with the police and  security guards.

*Did you realise – in the UK nowadays you are secretly photographed thousands of times a day by CCTV cameras.

(Disclaimer: I am not a lawyer. What is written here is for general guidance only and is based on UK Law. The law in other countries may differ. If you have any difficulties or doubts you should consult a qualified expert.)