Permissions for Candids?

JAK wrote:

Article 226-1 of the French Criminal Code:
[i]“A penalty of one year’s imprisonment and a fine of €45,000 is incurred for any wilful violation of the intimacy of the private life of other persons by resorting to any means of:
1° intercepting, recording or transmitting words uttered in confidential or private circumstances, without the consent of their speaker;
2° taking, recording or transmitting the picture of a person who is within a private place, without the consent of the person concerned.

However, where the offences referred to by the present article were performed in the sight and with the knowledge of the persons concerned without their objection, although they were in a position to do so, their consent is presumed”.[/quote]If this is so then to me the situation in France is not as clear cut as I first understood it. Assuming nothing has been lost in the translation from French to English to me that seems to say that the offence is taking or transmitting a picture of a person in a private place
And also even without consent If you take a picture of someone who sees you taking the picture but doesn't complain at the time then it can be assumed you have authorisation?
David

Yes, makes you wonder if some of the things presumed cannot be done actually can be. Similar to people who think it is illegal to take a photograph of a child playing in the park believing it contravenes our data protection laws when the real issue is child pornography. The laws get muddled up, sort of accidentally on purpose!

My understanding is that it is ok to do anything you wish UNLESS there is a law that says you can't.

Correct, no one has a right to privacy in public areas, however there are legal restrictions on what you can then do with the images for example you couldn't use them to promote a product without a model release. You also couldn't use them to show the subject in a bad light, you can however use them for an editorial piece in the newspaper so if they where watching an incident in the street then they couldn't complain if they then appeared in the local paper. For photos taken in private venues for example in the crowd at a football match it is usually a condition of entry that you give permission to be filmed or photographed which is printed on the ticket.

You can't photograph people on private property from a public place either without permission of that person.

Usual caveats I am not a lawyer etc and this is not legal advice, just guidance I followed as a press photographer

That's different from Australian then.
"There is no restriction on taking photographs of people on private property from public property. There is no freedom from view, so people who are photographed on their property from a public location have no legal claim against you if what is captured in the photograph can be seen from the street. "

Also, in Australia there is no law restricting you from photographing something in your neighbours yard from your property if it or they can be seen in normal view. Basically, if you want privacy from view, erect a fence.