📸 Can I photograph people in public?

With conditions

Quick answer

Photographing people in a public place is in principle allowed — but what you do with the photos is stricter. Taking photos in public space is a freedom; you may just not cause a nuisance or harassment or secretly capture someone in an intimate situation. The latter is voyeurism (art. 417/8 of the Criminal Code): recording someone against their will while they are naked or performing a sexual act, in a place where they can count on protection (a changing room, up a skirt …). The real limit is the use and publication: showing a recognizable person needs their consent (image rights — see 'posting photos'). Photographing into or inside homes quickly touches privacy. Purely personal snaps in a closed circle fall outside the GDPR; photographing systematically or professionally does not.

📋 The rules

Taking photos in public space is in principle allowed (freedom of expression)
No nuisance or harassment (art. 442bis) or secret intimate recording (voyeurism, art. 417/8)
The real limit is the use/publication: showing a recognizable person needs their consent (image rights)
Don't photograph into or inside homes: that touches privacy (art. 8 ECHR)
GDPR exemption for purely personal use in a closed circle; not for systematic or professional use
Distributing intimate images without consent is separately punishable (art. 417/9)

🔓 Exceptions

Street photography is allowed as long as it does not become systematic harassment and you don't publish without consent
On a genuinely public naturist beach, the reasonable privacy expectation that voyeurism requires is usually absent

⚠️ Penalties & fines

Simply photographing is not punishable. Voyeurism (art. 417/8) is punished with 6 months to 5 years' imprisonment; non-consensual distribution of such images (art. 417/9) too. Persistently photographing someone to intimidate them is harassment (art. 442bis). Publishing without consent remains a civil fault, with possible damages and a GDPR fine.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I photograph people in the street?

Yes, taking photos in public space is in principle allowed. You may just not cause a nuisance or harassment, and you may not publish recognizable people without their consent.

What is forbidden?

Secret intimate recordings (voyeurism, art. 417/8), persistently harassing someone, and photographing into someone's home. As well as publishing a recognizable person without consent.

Can I take and share a photo of a crowd?

Showing a crowd or incidental passers-by is usually allowed. If one person clearly becomes the subject, you need their consent to publish.

Are there other rules if I photograph professionally?

Yes. The GDPR exemption for purely personal use does not apply to systematic or professional photography; you must then fully respect the privacy rules.

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