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The German Supreme court decided yesterday that police offiers do not have the right to prevent their picture being taken by the press during police operations. The argument is that there is public interest in police operations and that, consequently, police officers do not enjoy the same privacy rights as ordinary citizens, while on duty: http://www.lawblog.de/index.php/archives/2012/03/28/polizisten-mssen-sich-fotografieren-lassen (in German) - decision 6 C 12.11 of 28 March 2012.
Consequently, the German police has no right to prevent press photographers from taking or publishing pictures of police operations. The only exception are when it comes to securing the anonymity of members of special forces, and even then preventing the actual publication is only a measure of last resorts if the anonymity of the special forces members can also be achieved by, for instance, pixelating their faces.
The decision refers to press photographers (that is, photographers with an official affiliation), but it is likely to have implications for freelance photographers, too.
Consequently, the German police has no right to prevent press photographers from taking or publishing pictures of police operations. The only exception are when it comes to securing the anonymity of members of special forces, and even then preventing the actual publication is only a measure of last resorts if the anonymity of the special forces members can also be achieved by, for instance, pixelating their faces.
The decision refers to press photographers (that is, photographers with an official affiliation), but it is likely to have implications for freelance photographers, too.
