> Being in a public space means you are consenting to being recorded;
I think we all know the black/white of: you can record all you want. You can not use my face in a commercial. That idea has served us well for a century. The problem is never the recording, it's what happens to the recorded material. If you just keep it for personal use, use it for journalism? That was never a problem.
I'd argue that using the recording to send to a different continent which is then processed by humans and/or computers and this then affects me or others (E.g. changes which ad the person next to me on the train sees on their phone) is now straddling a line somewhere between the black and white of "being recorded" and "being used in a commercial". That recording wasn't just this person observing or recording in a public space. It wasn't just used for "personal use" or journalism. It's something else.
I think it's this gray area that just needs to be cleared up. What if "transmitting a recording of someone to a commercial entity that potentially does commercial things with it" was classed just as "putting my face in the TV ad"?
The GDPR (and similar) also might help (where applicable).
I think we all know the black/white of: you can record all you want. You can not use my face in a commercial. That idea has served us well for a century. The problem is never the recording, it's what happens to the recorded material. If you just keep it for personal use, use it for journalism? That was never a problem.
I'd argue that using the recording to send to a different continent which is then processed by humans and/or computers and this then affects me or others (E.g. changes which ad the person next to me on the train sees on their phone) is now straddling a line somewhere between the black and white of "being recorded" and "being used in a commercial". That recording wasn't just this person observing or recording in a public space. It wasn't just used for "personal use" or journalism. It's something else.
I think it's this gray area that just needs to be cleared up. What if "transmitting a recording of someone to a commercial entity that potentially does commercial things with it" was classed just as "putting my face in the TV ad"? The GDPR (and similar) also might help (where applicable).