Street Photography: Ethics, Consent, Privacy, and New Technologies

Street photography is a unique art form that captures candid moments of everyday life and provides a perspective on the world around us. It has evolved over the years and is now used to bring attention to social issues and injustices, making it a powerful tool for advocacy, journalism, and storytelling. However, as technology continues to advance, the ethics of street photography have become increasingly complex. In the past, photographs could be published without revealing the identity of the subjects, particularly if they were not public or popular figures. But with the proliferation of social media, face recognition technologies, and artificial intelligence tools, privacy concerns have become pressing, and the ethics of street photography have changed. As of May 2023, there is a state of limbo, as ethical discussions and regulations have not kept pace with the rapid development and adoption of these technologies. The impact of these technologies on daily life, especially in the field of photography and photojournalism, is significant and needs broader discussion. In this short article, I will explore the evolving and quickly changing ethics of photojournalism and street photography, examine the risks associated with these new technologies, and consider how photographers can navigate the complex landscape of ethics in the age of digital media and artificial intelligence.

Current Landscape

In today’s world, photography has become a ubiquitous and constant part of our lives. With the proliferation of smartphones, people are taking more photographs than ever before. In fact, on average, it is estimated that over 3.5 billion photos are taken each day, with a significant portion of those being shared on social media platforms. The increasing number of cameras on our streets, in stores, and even on our own devices means that people are constantly being captured in photos and videos. This is further complicated by the rise of facial recognition technology, which can automatically identify individuals in images and videos. Street photography and photojournalism represent just a small fraction of the vast number of images captured each day. Despite our increasing dependence on photography, we have limited control over how these images are stored and used. With new technologies being developed and implemented at a rapid pace, the complexity of this issue continues to grow.

Consent

One of the primary ethical concerns surrounding street photography is the issue of consent. In public spaces, individuals have a limited expectation of privacy, but that does not mean they have consented to being photographed. It is up to individual photographers to approach their work with sensitivity and respect for their subjects, and to obtain consent when possible. However, there are situations in which consent may not be possible or practical, such as when capturing breaking news or in the midst of a protest.

During a recent BH Photography podcast, the hosts interviewed Harvey Stein, a renowned street photographer with over 50 years of experience. Stein is the author of several books, including “Then and There: Mardi Gras 1979” and three books of street photographs taken at Coney Island, NY. In his work, Stein tries to obtain consent whenever he photographs people indoors, but not when he takes pictures in public spaces. While this approach may seem like a shortcut, it provides a practical guideline, especially given the challenges of obtaining consent, particularly written consent, when photographing people on the streets.

New Technologies

In recent years, the use of technology, especially facial recognition software, has become a major concern in street photography. Photographs taken in public spaces and uploaded to the internet can potentially be processed by someone with face recognition tools, allowing them to identify people in the pictures. Certain social media platforms even automatically tag individuals using these tools, which raises significant privacy concerns. It is important for photographers to consider the implications and being aware of these technology advances and to weigh the potential benefits against the risk of violating the privacy of their subjects. For example, a recent case in China involved a woman who was photographed by a stranger in a public space and then harassed and stalked using facial recognition software. This example highlights the serious risks associated with the use of facial recognition technology in street photography.

Value of Street Photography

Despite these challenges, street photography continues to serve as a valuable tool for documentary and journalism. The unfiltered nature of street photography allows photographers to capture candid moments and provide a unique perspective on the world around us. In some cases, this may involve taking risks to capture images that expose social issues, civil rights advocacy, or injustice. For example, the iconic photograph of the “Napalm Girl” during the Vietnam War captured the brutal realities of war and brought global attention to the impact of the conflict on innocent civilians.

Similarly, street photography has been used to document police brutality, expose the mistreatment of marginalized communities, and shed light on environmental degradation. In many cases, these images are shocking or explicit, but they serve an important purpose in raising awareness and spurring action. For instance, the photographs of the aftermath of Hurricane Katrina brought attention to the devastating impact of the disaster on New Orleans’ Black community.

There are numerous examples of street photography that have raised awareness of important social issues. Lewis Hine’s photographs of child labor in the early 1900s brought attention to the exploitation of children in the workforce and helped to spur child labor reforms. Sebastião Salgado’s photographs of the Serra Pelada gold mine in Brazil brought attention to the harsh working conditions and exploitation of workers in the mining industry. 

Brandon Stanton’s Humans of New York project has shed light on the diverse stories and experiences of people in New York City, fostering empathy and understanding. Donna Ferrato’s work on domestic violence has been instrumental in drawing public attention to the problem and paved the way for legislative change.

More considerations

However, it is important to acknowledge that street photography can be exploitative if not approached with sensitivity and respect for the subjects. Photographers must be mindful of the potential harm their images may cause and consider the wider social and ethical implications of their work. Street photography can be a powerful tool for advocacy and social change, but it must be approached with empathy, sensitivity, and a commitment to ethical principles.

In conclusion, street photography is a complex and multifaceted art form that requires careful consideration of ethical principles. While photographers must be mindful of the potential harm their images may cause, it is also important to recognize the value of unfiltered content in documentary and journalism. Street photography has the potential to bring attention to important social issues, promote civil rights advocacy, and expose injustice. By approaching street photography with sensitivity and respect for their subjects, photographers can ensure that their work contributes to a more just and equitable society.

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