gdpr england-and-wales consent any-jurisdiction journalism
Can a customer of a business make a recording of an employee on the business’s privately premises?
<p>Suppose a customer enters a store. The business, through an employee, treats the customer unlawfully. Perhaps this is by verbally or physically abusing them, discriminating against them, or denying their consumer rights or rights as a member of the public. The customer begins to film the employee using their phone, and the employee strongly objects to the recording. Meanwhile, in case it is relevant, the business is constantly recording everyone within the premises with its CCTV.</p>
<p>The customer is an individual who will only be using their recording for private household purposes. But they are informed by the indignant employee(s) that they have no right to record anyone without their permission.</p>
<p>Does the employee, in a purportedly individual capacity, have any grounds to object to the customer recording them “without their consent“?</p>

<h2>The customer must stop recording</h2>
<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" aria-label="show questions tagged &#39;australia&#39;" rel="tag" aria-labelledby="tag-australia-tooltip-container">australia</a></p>
<p>The customer is on the store’s premises and an agent of the store has told them to stop. If they continue recording in spite of this  they are now trespassing and can be ordered to leave. If they stay in spite of this, the police can remove them.</p>
<p>Filming from a public place cannot be prohibited. So, if the person were to leave the store and film into it, that would be fine.</p>

<h2>The filming is illegal in <a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" aria-label="show questions tagged &#39;germany&#39;" rel="tag" aria-labelledby="tag-germany-tooltip-container">germany</a></h2>
<p>In Germany, people have a <em>Recht am Eigenen Bild</em> (right of pictures taken of them* under § 22 Kunsturheberrechtsgesetzes (KUG). It is part of personality rights.</p>
<p>Due to those rights, combined with the <a href="/questions/tagged/gdpr" class="post-tag" title="show questions tagged &#39;gdpr&#39;" aria-label="show questions tagged &#39;gdpr&#39;" rel="tag" aria-labelledby="tag-gdpr-tooltip-container">gdpr</a>, you can under no circumstances publish or give away the recordings without the agreement of the recorded person.</p>
<p>Since a case from 2000 at the highest court, making recordings while there is express non-consent of the subject and the subject is the center of the picture or video is a violation of the law. It can even be a felony if the picture depicts anything intimate, such as someone's flat or even worse, their undressed body.</p>
<p>In general, the following rules can make photography hard:</p>
<ul>
<li>Filming or Photographing on someone else's property without the consent of the owner is illegal - that includes publicly accessible areas. That is part of the Hausrecht.
<ul>
<li>If the employee demands you to stop filming, you have to do so based on Hausrecht. He is agent of the Owner.</li>
</ul>
</li>
<li>Because the subject loses control of the publication after the photo is made and can't control the publication after the fact, they can prohibit the recording from being taken in the first place, as the highest court ruled in <strong>BVerfGE NJW 2000, 1021</strong>
<ul>
<li>The employee is no person of public interest. Even if a person of public interest can bar photos made of them.</li>
</ul>
</li>
</ul>
