I'm trying to find out about the legal position in Spain as to taking photos of people in public places such as streets, festivals, fiestas and events in general.
Yesterday I was taking some nighttime pictures of fairground rides. A parent asked, no told, me to stop. Although I resented the implication as to why I was taking the photos I did stop. I later did a bit of checking and it's pretty clear that in Spain you need consent to take pictures of people. In the case of children the consent has to come from the parents though it seems that children over the age of twelve are usually considered competent to give their consent.
In the instructions for photos submitted to expat.com there is a line that reads "Please note that we do not accept pictures on which people are recognisable or which would not respect privacy"
So what do you think is the legal position (and it would be good if the expat.com people joined in this) if, for instance, I stand outside the Sagrada Familia (or a Carrefour supermarket) to take photos of it with people in the picture? There are lots of places where it would be more or less impossible to take a snap without people. I think my fairground would be an example - parked dodgem cars and static empty rides don't quite have the same impact as the moving thing! Markets would be another example.
What about the parade at your local fiesta, the Reyes cabalgata at Christmas, the Carnaval and Semana Santa processions when people parade, sit atop floats and wave at the crowd? I have often taken photos of such events and one of the things that happens is that groups of youngsters, and adults, will strike a pose and ask for their photos to be taken. Presumably this is considered to be giving consent?
Finally what about the specific pictures of people. I was at a pop festival the other day. I took lots of snaps of people - simply because I thought they would look good as photos. Proper photographers do the same. It seems pretty clear to me that taking those photos is not legal without going over to the group of people and asking.
I am not asking about selling the photos. I do put them on my Facebook and Google albums page though.