Over on feddit.uk I saw this fun thread, with multiple people confidently claiming “anyone who is in a public place can have no reasonable expectation of privacy”. (If I screwed up my link, sorry, I’m still not great at more than posting comments.) That may be a legally correct understanding, but it’s overreach.

I counter that there should likewise be no expectation of absolute exposure. In a natural setting, I might expect to be observed by passersby, but I don’t also expect to be recorded for posterity, and to have that recording shared with no limits in perpetuity.

I think a more balanced position would be something like this:

• private citizens can record freely for their own purposes (i.e., if you’re in the background of someone’s family photo or home video, no need to get your permission)

• any recording of individuals not considered public figures, made for the purpose of broadcast or dissemination, must be authorized for release by the subject(s) of the recording (if you’re in the background of a news crew’s recording, no need to check with you, but if you’re the subject of a broadcast and basically not either a notorious felon or a celebrity in some way – which is the state of things in that thread I saw – it requires your express consent to be broadcast)

• any recording produced as broadcast entertainment (versus news, which should be less restricted), whether by a corporation or by an individual, and regardless of whether the recording is intended or anticipated to have commercial use, should require prior permission to film via public land permits and/or location release forms, as well as requiring signage indicating that the recording is taking place, so the public has an informed opportunity not to participate (I do not want to be in your fucking twerking video for TikTok, and I don’t want to be there in the milk aisle when you cunts are tossing all the jugs around or getting violently “pranked” on the street)

• any recording made in a public space for the purpose of surveillance should be regarded as confidential and cannot be disseminated outside the agency responsible for the recording, save for cooperation with law enforcement

I’m sure I’ve got a lot of details there that need refinement, because I’m only reacting to what I read. This isn’t a thought-out manifesto here, and I hope I won’t be crucified for the suggestion being imperfect. But I feel strongly that the basic idea has merit, however it would be written out. What do you guys think?