Photographing People: Should You Ask for Consent?

Sue Hutchins is a videographer/ photographer and is passionate about capturing “story” in both mediums. Last year Sue started selling some of her photographs at the Yarmouth Waterfront Gallery. That venture presented some tough lessons about the ethics (and legality) of taking photographs of people.

Here’s how it started: last winter Sue spent five weeks touring India, documenting a trip arranged for yoga enthusiasts, led by yoga instructor Kerry Lawson. When Sue returned, she culled her photos, posted some on her website and made iPhoto books for the participants. Then she framed four portraits of people from India for an exhibit at a local art centre.

When the show was over she placed the portraits in the waterfront gallery where she displays and sells her work. The portraits drew a reaction from a gallery member who wondered if Sue had release forms signed. The answer was no. The question arose: was it ethical—or even legal—not to have written consent?

When Sue asked for my opinion, it gave me pause for thought. I quickly realized that I knew very little about the ethics and legality involved save that I understood it was O.K. to take pictures of people for editorial purposes (news and story telling) without having consent forms. I also had a vague understanding that it was not O.K. if those photos were used for commercial purposes (like ads) unless you had written consent.

Normally, when I’m travelling and taking photos of people, I explain what I’m doing and ask for permission. If I’m on the fly, or if there’s a language barrier, I point to my camera, accepting a smile or nod as a green light. If people turn away, put their hand up or shake their head, I move on.

Sometimes I take the person’s address and send them copies of the photos after I return home. Other times I pay the person (like a tip or gratuity for a service). On a few occasions I’ve made a donation to a local organization.

Note that I said “normally.” But three years ago I got a zoom lens. It allows me to take photos from afar without having to interact with people at all. The first shot in this blog is from my travels in Jordan—taken with my regular lens. I was relatively close, had established a relationship with the young man and had his verbal consent to shoot.

But for the next two photos, I used my zoom lens and certainly did not “connect” with the subjects before or after the shot. It takes time and effort to communicate. Did I take advantage of people? Get lazy or take the easy way out? (In both instances I could have communicated with the men in the photos after-the-fact, shown them the photos, asked for their consent or removed the photos from my camera if they preferred.)

Travel photographer Gary Crallé weighs in on this topic. About asking for permission, he says, “Everyone has their own way of interacting with other people. It’s a matter of personal comfort, which I believe should always be balanced with an understanding of local culture plus some practicalities about when to photograph and when to not photograph—for example, military sites.” He also makes a judgment based on whether the moment will be irretrievably lost if he stops to ask permission.

Gary adds, “My personal thought parallels the underlying assumption of the Western World’s concept of a free press: that if someone is in a public space, they are knowingly exposing themselves to being seen (and photographed).” What governs Gary’s actions is a fundamental respect for others. “I feel strongly that poor, undeveloped, naïve and vulnerable people should not be abused. This also applies to nature and animals.”

He believes that we all take something from anyone we photograph. Most of the time all that’s expected in return is an acknowledgment of our subject. “Otherwise, it’s like ignoring a person during a conversation,” he says.

The challenge for me now is to have that conversation in the first place.

Postscript: Sue removed three photos from the gallery and left one. The determining factor was whether or not each person could be identified. She is arranging to have a lawyer present a workshop for travellers and photographers in our hometown. The focus will be on privacy issues and the legality of taking photos of people without their consent. I’ll keep you posted.

Photo Credits

“Jordanian Youth” A Jordanian youth makes and sells souvenirs at a stand outside Jerash in Jordan. It’s intricate work using sand to create words and images in bottles. © 2010 Sandra Phinney. All rights reserved.

“A Bedouin Glances” A Bedouin glances around as he serves hot sweet tea to guests when they arrive at tented accommodations in the desert at Wadi Rum. © 2010 Sandra Phinney. All rights reserved.

“Street Vendor” A street vendor at the souq (food market) in Amman has an animated conversation with a customer. © 2010 Sandra Phinney. All rights reserved.

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