Street photography raises questions. Can you just photograph people on the street? Where is the line between art and privacy? The short answer: in the Netherlands and many other countries, you are allowed to photograph in public spaces. But that does not mean that everything can or should be done just like that. Your own feelings and ethics play a big role.
Photography is a powerful storytelling tool. A moment on the street can capture a special atmosphere, but it can also cause discomfort to the person in the picture. That is why it is good not only to know the legal side, but also to consider how you as a photographer deal with it.
What does the law say about street photography?
In the Netherlands, you are allowed to photograph freely in public spaces. That means you can capture people on the streets, in parks and on squares without permission. This is an important principle of press freedom and artistic freedom. Photography is seen as a form of expression, and as long as you photograph in public places, you are allowed to do so without restrictions.
Yet there are exceptions. For instance, you cannot simply photograph inside buildings such as shops, cafés or stations. Also, you cannot simply use a photo commercially without the permission of the person portrayed, especially if the photo depicts a person recognisably and is used for advertising, for example.
Practical examples
Say you are walking through a bustling market and see a vendor talking enthusiastically to his customers. You may take that photo, and even share it on social media or in an artistic project. But suppose you photograph someone who has just received a nasty private phone call and is clearly emotional. The photo is technically allowed, but is it respectful? That's the trade-off you have to make as a photographer.
Another example: you are at a train station and see a special light show with silhouettes of waiting passengers. Technically, the station is owned by the NS and they are allowed to make rules about photographing. If you are accosted by a security guard, you can explain what you are doing, but if they ask you to stop, you should respect that.
Covert photography: is it allowed?
Covert photography, i.e. secretly taking a picture without anyone noticing in a place where they can expect privacy, for example by hiding your camera under your coat on a terrace, is something I strongly advise against. That is simply not allowed (Penal Code, Section 139f). This then no longer even has to do with ethical considerations.
My camera is always visible, but I don't always look through the viewfinder. Always think to yourself: How would you feel if someone captured you uninvited in this situation? That can't feel good and is therefore simply forbidden.
The difference is often in intention and context. Are you photographing someone having a nice moment and not being harmed by the photo? Then that feels different from when someone is in a vulnerable situation. Some photographers work exclusively with candid photography, where the person being portrayed does not know they are being photographed. This can produce beautiful, natural images, but also raises ethical questions.
A good guideline: photograph as you would want to be photographed yourself. And if someone objects? Respect that. In most cases, an open attitude leads to understanding and even interest in your work.
Public space, yet private
Not every place where you can move freely is legally a public space. Shopping centres, railway stations and some squares are private land. The koopgoot in Rotterdam appears to be public space, but "belongs" to the shopkeepers' association, so is not public. Different rules often apply here and you may be asked to stop photographing. Want to be sure you're OK? Just ask, and pay attention to stickers and signs you often find in such places.
In addition, there is a difference between taking and publishing photos. Taking a picture is allowed in most cases, but publishing it can be sensitive. For instance, there have been cases where people approached a photographer asking them to take a photo offline because they were uncomfortable with it. How do you deal with that? Sometimes a simple explanation is enough, and sometimes it is better to remove the photo out of respect for the other person.
Your own norms and values
Rules are one thing, but your own norms and values are at least as important. If you ask me: even more important. Do you dare speak to someone after taking a picture? Are you willing to remove an image if someone asks you to? Street photography is more than technique and guts, it is also about respect and empathy.
Think about this in advance. What do you want to record, and why? How will you react if someone comes to you with questions? By thinking about this beforehand, you will be stronger and more confident in taking photos on the street.
Feeling confident on the streets?
Do you want to learn how to photograph more confidently on the street? How to capture special moments spontaneously and respectfully? In my street photography workshops learn how to do just that. Check out the possibilities and register via michielheijmans.com/street-photography-workshops.