Accepting the fact that the title of this post is biased enough to start a war, I would like to point out that it was intentional. In just about every legal system in every country of the world there seems to be an issue of what can be photograph…or more importantly (I believe) whom.

Today I was walking back from work and stopped in a large area near the bus transit center. There was a small eatery in the open air, and a few patrons inside. Seeing a kindly old gentleman reading at a table, I decided to take a photo. Then I noticed the ‘barista’ (of sorts) exchanging with a customer. I zoomed in and took a photo of the pair, all while standing outside of the barrier for the eatery.

Behind me, I heard a voice asking “Does she know you’re taking pictures of her?” A young, corporate casual (heavy on the casual) woman had quite a bit of insinuation in her voice. To be honest, I was frazzled. Neither an experienced photographer nor someone looking to pick a fight after a long day at work, I replied a little more anxiously than I normally do “I don’t think anyone knows that I’m taking pictures of them” with an air of sarcasm. And to be honest, they didn’t. The old gentleman, I believe, couldn’t care less about the world around him, and the cashier was chatting with the handsome customer at the time. But I wasn’t prepared for her question. Neither was she for any sort of answer, I believe, and she walked off to her bus.

In my mind, I drew the argument up in my head.

Imagine for a minute that you’re in a hospital room. The doctor asks you to detail every visit you’ve made to the doctor over the last 5 years and all the treatments you’ve had. Or better yet, have a private conversation at home with your wife or husband about physically intimate experiences.

Now, flip that. Instead of having those conversations in those atmospheres, have them on a crowded bus or in that same eatery I had just taken the pictures. Does it make sense? Why not? Because your expectation of privacy is gone. In your house you expect your words to be heard by you and your intended recipient, and not by anyone else. But by sharing a conversation in that public place you give the world a chance to hear what you have to say, and if you tell someone in a restaurant privileged information about a client then it’s your own choice and you’re responsible for the outcome.

That’s just it, I know that if I do something at a bar or in public…then it’s my responsibility to keep it that way. If it’s public, it can be photographed (barring a select few things). That’s life, you don’t own the light that bounces off you anymore than I own the waves of sound that come from my voice. And if you’re a photographer then you need to be aware of what your rights are.

But there is a flip side, and that’s personal responsibility. When this woman showed obvious signs of discomfort, I knew immediately that she would be offended personally if I took a picture of her. While I would still be well within my rights to do so, it’s my responsibility to obey that. And why would I want to cross that line?

There’s a great deal I have more to say on the perception of sexism, photography, life-in-general, and the poor judgments people make without logic or reason. But there’s much more to do in life. I’m just glad I’m prepared enough to be able to deal with a little bump in the trip now and again.