The phenomenon of street photography has recently become a trending topic on social media, especially with the rising popularity of running events. While many runners appreciate having their photos taken for free, others view the practice as a violation of privacy, particularly when their images are captured without consent and uploaded to digital marketplaces, making them accessible to anyone.
Responding to this issue, UGM sociologist Elok Santi Jesica explained that photography in public spaces is, in principle, permissible. In urban studies, public spaces are considered part of citizens’ rights and should be democratically accessible for various purposes, such as community building.
However, when the subject involves another person and is done without consent, it becomes prone to violating individual privacy rights.
“If this is done without consent, it risks infringing upon the rights and privacy of the person being photographed. This violation becomes even more serious when photographers sell the images for profit, as they are essentially commodifying someone’s likeness without guaranteed consent,” Jesica said on Tuesday (Nov. 4).
She emphasized that obtaining permission before photographing others is essential, but consent alone is not enough. The intended use of the photograph should also be clearly communicated.
“When photographing someone, one must obtain their permission. Even after gaining consent, the purpose and use of the photo must be disclosed to the person concerned,” she explained.
Jesica further noted that using or distributing photos without the subject’s consent or knowledge may violate Law No. 27 of 2022 on Personal Data Protection, which can cover such cases.
Additionally, sharing such photos on social media or commercial platforms could potentially constitute a breach of the Electronic Information and Transactions Law (UU ITE).
While Indonesia does not yet have a specific regulation governing the act of photographing others without consent as a privacy violation, other countries have enforced such rules for years.
“In South Korea, for instance, taking someone’s photo without permission is categorized as a criminal offense and a form of sexual violence, punishable by imprisonment and fines,” she explained.
Jesica advised that those interested in continuing the practice of street photography must exercise caution. This applies not only to street photography but also to any form of digital recording, including photos and videos.
“All data recording and distribution should be carried out with proper consent. This includes promotional use by institutions or brands, as well as any uploads to social media or commercial platforms. With consent, we can ensure that no one’s rights are violated,” she said.
Finally, Jesica reminded the public to be aware of the consequences and risks that accompany data recording and distribution in the digital space.
“It is important that caution and awareness of potential risks always accompany our choices when engaging with social media trends,” she concluded.
Author: Leony
Editor: Gusti Grehenson
Post-editor: Rajendra Arya
Photograph: Kumparan