Question from a reader:
Is it legally problematic to take photos with a smartphone without the other person’s permission? I want to know in what cases it could become a crime.

Smartphone Photography and the Law: Considering the Risks of Unauthorized Shooting

Recently, taking photos with smartphones has become a part of everyday life. This convenient tool is essential for capturing fun
moments with friends and not missing out on precious experiences. However, are you aware that taking photos without the other person’s permission can hide legal issues? In this article, I want to explore the legal implications of unauthorized photography, using specific case studies.

The Relationship Between Privacy Rights and Photography

First, from a legal perspective, privacy rights are an important factor. Under Japanese law, actions that infringe on an individual’s privacy can lead to civil liability. For example, if you take a photo of someone without their consent and post it on social media, you could potentially be sued for invasion of privacy. In fact, there are numerous cases where both celebrities and ordinary people have filed lawsuits citing privacy violations. I myself have taken photos without my friends’ permission during trips, thinking, “I want to capture this moment!” At that time, nothing particularly problematic happened, but considering what might happen if that photo spread… it gives me chills. How would the other person feel? Ignoring their feelings and privacy raises ethical concerns, not just legal ones. I believe it’s crucial to think carefully about this aspect when taking photos.

Specific Cases: Photography in Public Spaces

Next, let’s consider photography in public spaces. Generally, many people believe that taking photos in public areas is acceptable. However, this is not always the case. For instance, photography at events or festivals where large crowds gather is often considered public, and unauthorized photography is usually permitted. However, caution is necessary when it comes to taking identifiable photos of individuals or using those photos for commercial purposes. In fact, there was a case at a famous music festival where someone was sued by the organizers for using photos taken without permission for commercial purposes. It’s important to be aware that even in public spaces, caution is required.

Cases Requiring Permission: Private Spaces

On the other hand, photography in private spaces is subject to stricter laws. For example, taking photos at a friend’s house during a party, or in private areas like restrooms or changing rooms in commercial facilities, clearly constitutes an invasion of privacy unless permission is granted. Such actions can fall under “voyeurism” as defined by Article 230 of the Penal Code, and penalties may apply. To be honest, I have seen friends jokingly say, “Let’s capture this moment!” and take photos without permission. At that time, it was just a funny story, but if it had been in a private space, the outcome could have been entirely different. Even as a joke, it’s important to consider the other person’s feelings and situation.

Intentional Photography and Its Impact

Moreover, when photography is done intentionally, the motives can have legal implications. For example, it could be recognized as stalking behavior. The Stalking Prevention Act clearly prohibits taking photos without consent to invade someone’s privacy. Such actions can be treated as crimes, going beyond mere privacy violations, so caution is necessary. I once had an experience where a stranger pointed a camera at me in the street. At first, I didn’t mind, but gradually I became anxious. “What are they photographing? Is my privacy being protected?” I felt uneasy because I didn’t understand their intentions.

Precautions and Measures When Taking Photos

Now that we’ve looked at several cases, what measures should we take? First, obtaining permission from the other person before taking photos is the most fundamental precaution. This is especially important in private situations. Additionally, when photographing in public spaces, it’s crucial to avoid capturing identifiable faces or privacy of those around you. Being considerate of others and the people nearby is essential to avoid trouble.

Conclusion

Ultimately, taking photos with a smartphone without the other person’s permission can lead to legal issues. Understanding these risks and respecting both your own and others’ privacy is important. Before pointing your camera, I hope you take a moment to think, “Is this action really okay?” Even as someone knowledgeable about the law, I have come to realize that small actions in daily life can unexpectedly lead to trouble. That’s why I sincerely believe it’s important for everyone to have a little consideration to create an environment where everyone can feel safe.