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Let's say Bob is walking on the street and he notices that someone is doing vlog walking by, which holding a stick with Insta360 camera (captures everything around the cam).

What are some options for Bob if Bob doesn't want to be in the video? (how much privacy do we have when we choose to go out on public space?)

Given that: "In the U.S., you can legally photograph anything you want that is visible from the public. This includes photo/video taken on private property when you're not trespassing, and on city/county/state/federal property. If you take photos of someone and it's not for commercial use, you can do anything you want with them." from

Street Photography with a subject of a person in mind

Does tiktok/youtube video consider commercial use?

USA,California

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Bob has a right to privacy that covers virtually everything Bob wants to keep private. For example:

  • He has the right to keep his face private.
  • He has the right to keep his Social Security number private.
  • He has the right to keep his stamp collection private.
  • He has the right to keep his sex life private.

Of course, as an American, Bob is not legally obligated to exercise any of these rights; he is equally free to waive his privacy rights by showing any of these things to the public. For example:

  • He is allowed to walk around and show his face in public.
  • He is allowed to paint his Social Security number on his garage door.
  • He is allowed to make a website about his stamp collection.
  • He is allowed to tell his friends about his sex life.

In your scenario, Bob has voluntarily put himself out in front of the public, so he has waived his right to privacy with respect to the fact of his presence on the sidewalk; he has no enforceable right to keep secret the fact that he was out there. Meanwhile, the vlogger has a First Amendment right to film everyone on the sidewalk. Am. Civil Liberties Union of Ill. v. Alvarez, 679 F.3d 583, 595 (7th Cir. 2012) (“The act of making an audio or audiovisual recording is necessarily included within the First Amendment's guarantee of speech and press rights.”)

It is fairly clear, then, that Bob's unexplained preference for not being on camera must yield to the vlogger's legal rights.

If Bob nonetheless wishes to avoid being on the video, he has several options. He can:

  • Turn around
  • Duck into a building
  • Put a bag over his head
  • Ask the vlogger to delete any footage of him
  • Ask the vlogger to blur his face
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  • Regarding the last 2 options, he can ask but not compel, right? Why mention them then? They are in contrast to the other options which Bob can exercise himself.
    – Greendrake
    Mar 6 at 15:50
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    Because OP explicitly asked what requests Bob can make.
    – bdb484
    Mar 6 at 15:52
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    It is just not clear from the answer that the vlogger does not have to delete/blur Bob's footage. "Can ask" may be interpreted coming with ".. and vlogger will have to comply", which is not true.
    – Greendrake
    Mar 6 at 16:14
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    @MichaelHall Am. Civil Liberties Union of Ill. v. Alvarez, 679 F.3d 583, 595 (7th Cir. 2012) (“The act of making an audio or audiovisual recording is necessarily included within the First Amendment's guarantee of speech and press rights.”)
    – bdb484
    Mar 6 at 16:24
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    If you Ctl+F for that quote, you'll find more discussion of it. The rest of the paragraph makes clear that the right to make the video is a necessary extension of the right to disseminate the video; after all, the right to publish a video is meaningless if there is no right to create the video in the first place.
    – bdb484
    Mar 6 at 18:59

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