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Harrassed by Garda taking a photo

  • 07-10-2022 1:15pm
    #1
    Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭chewed


    Today I was walking around the town and saw 2 Gardaí telling a homeless guy outside a shop to move on. I had my camera with me and proceeded to take a few shots. As I was walking off, one of the Gards came up to me and told me I wasn't allowed to take photos of them. I informed him that it was a public space and I could take any photos I wanted. He then said to me that he didn't give me permission to take his photo. I told him I didn't need any permission from him. He then just says "Fair enough", and walked off.

    A few minutes later they drove very slowly past me and glared at me. A few mins later down another side street they drove slowly by and stared at me. I felt very intimidated by the whole experience.

    I assume I'm correct in what I informed him about my rights to take photos in public?

    Post edited by Myksyk on


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Comments

  • Registered Users, Registered Users 2 Posts: 24,428 ✭✭✭✭Larbre34


    You are correct.

    But what you aren't correct about, is characterising that interaction as harassment. It was a disagreement, in which the Garda was wrong (as they often are about that particular issue).

    Harassment must have a persistence and a malign intent. If the Garda followed you home, or got your address and began doing frequent drive-bys, or started pulling you over when driving your car for spurious reasons - thats harassment.

    Glaring at you a couple of times on one occasion isn't.



  • Registered Users, Registered Users 2 Posts: 9,114 ✭✭✭Gregor Samsa


    You've the right to take photos in public spaces, and don't need their permission. So you were right to tell them so, and they correctly backed down.

    On the other hand, they have the right to drive past and look at you too. I understand it may feel intimidating, but there's probably little you can do about it.

    From the comfort of my desk at home, I'll bravely say that I would have taken another photo of them as they did so, but we all know that's probably not true. I'm actually not comfortable at all with the whole notion of street photography, I do think it's kind of invasive even if it's fully legal.



  • Registered Users, Registered Users 2 Posts: 6,023 ✭✭✭Princess Calla


    Don't know the legalities of it but...

    1. If I took a picture of a stranger in public and they approached me asking why ...if my only reason was "because I can" I wouldn't be bringing unnecessary grief onto myself, so I'd just delete the picture Infront of them and get on with my life.

    Which brings to

    2. What is the motivation/intended use of the photograph that made you compelled to take it?

    Is the photo worth p*ssing someone off , guard or not?



  • Registered Users, Registered Users 2 Posts: 6,856 ✭✭✭Allinall


    OP. How come you felt intimidated but don't have any concerns that the gardai may have felt the same?



  • Registered Users Posts: 2,272 ✭✭✭mattser


    If someone was taking pictures of you at work ( presuming you work ), without your permission, how would you feel ?



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  • Registered Users, Registered Users 2 Posts: 1,401 ✭✭✭AyeGer


    If you live in the same town as them and have attracted their attention you may need to make sure you have everything above board. Don’t let your tax or NCT run overtime.

    In reality though he’ll have forgotten about that interaction in a day or two.



  • Registered Users, Registered Users 2 Posts: 5,374 ✭✭✭Padre_Pio


    Depends if you work in a public space or not, and it depends if you're being a nuisance while taking the photo.

    Gardai should be aware they are being recorded while carrying out their duty and should act accordingly. If they're in the right, then all the photo will show is them doing their job correctly.



  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    What did you expect??? If you were to just stand there taking multiple photos of them in close proximity, at what point would you expect them to get annoyed by it? Why did you take the photos anyway, and what was your intention with them? Could you not have at least been discreet about it? Have you ever annoyed anyone else by taking their photo?

    If it wasn't for people like you, maybe the police would be more comfortable taking the initiative on streets because they wouldn't feel that some idiot would get to capture a potential mistake of theirs and put it online forever.



  • Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭chewed


    Steady on there!

    So you're saying gards should never be recorded in the line of duty? We don't have any gards with bodycams in this country, so I think it's fair enough they are open to being recorded. So the reason why you're saying gards shouldn't be recorded is just in case they make a mistake. What an idiotic statement.

    My question was around the law. I don't have to give a reason why I'm taking the photos. I could be a journalist, so is that OK?



  • Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭chewed


    If it's a public place, then you don't need to give permission.

    I wouldn't really care myself. Although I work from home, so I would be a bit freaked out if someone walked into my office to take a photo.

    A lot of the times, I will ask people on the street, especially those working, if they're OK with me taking a photo. It makes the interaction much easier.



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  • Registered Users, Registered Users 2 Posts: 5,888 ✭✭✭Deebles McBeebles


    You should have asked for the Garda's number, paid a visit to the station, asked for him/her at the front desk and then proceeded to take more pictures.

    A waste of time, yes but relatively funny.



  • Registered Users, Registered Users 2 Posts: 7,532 ✭✭✭SuperBowserWorld


    Why would anybody take pictures of complete strangers ?

    And without their permission ?

    I would find this extremely rude, ignorant and entitled behaviour on the part of the photographer.

    Especially when photos can be manipulated, taken out of context, and copied and stored eternally.



  • Registered Users, Registered Users 2 Posts: 6,723 ✭✭✭Feisar


    They were probably annoyed the OP took the photo outside of the golden hour.

    First they came for the socialists...



  • Registered Users, Registered Users 2 Posts: 19,077 ✭✭✭✭Bass Reeves


    While the Garda war incorrect he should have informed you that you are not allowed to post or publish the photographs.

    Slava Ukrainii



  • Registered Users Posts: 2,272 ✭✭✭mattser


    Did you think of asking the Garda if it was ok ?



  • Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭chewed




  • Registered Users, Registered Users 2 Posts: 9,903 ✭✭✭John_Rambo


    Who told you that?

    I'm a photographer and I've photographed people including Gardai, they've been published on the front page of national newspapers and posted thousands of times.



  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    I don't mean a mistake as in the case of George Floyd. I mean a mistake like a guard tripping over himself during a chase and looking like a twat. You haven't told me what your reason for not being discreet was? You also haven't told us what your intention with the photos were. What was so interesting to you about this mundane scene?? Had the guards starting beating up the homeless person maybe then you could've started snapping, but there clearly was no need to in your case. And once again, I would like to know if it's your first time annoying someone with your camera?

    You continue to ignore how this might make the guards feel during their work. Someone filming a guard on duty, will make the guard wonder if the recorder is implying something wrong is being done by the guard, and that the recorder is trying to catch them out... makes it more difficult for the guard. Try and wise up a bit.



  • Posts: 0 [Deleted User]




    Probably because the OP was deeply concerned about the homeless person and wanted to catch up with him later to buy him a meal and offer him a bed for the night. What other reason could there possibly be?



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  • Registered Users, Registered Users 2 Posts: 1,305 ✭✭✭thefallingman


    I don't blame the garda in this case and i'm not their biggest fan, if i saw you taking photos of me or my family in public we would be having harsh words regardless of the law.



  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭bad2thebone


    Rule no 1, don't piss off gaurds .

    Had a few mouthy friends who used to get thick with gaurds. Not worth it, especially with the old boy's back in the 90's you're marked.

    Bar of Soap in a sock, leaves no bruise's

    Anyhow the right approach I've found is , especially when you've driven over the line or a tail light or front light out is, just say thanks for pointing it out, I didn't know and I'm willing to take responsibility. They'll usually, say just get it fixed as soon as you can. Move along.

    Disarm them with a smile....



  • Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭chewed



    "I mean a mistake like a guard tripping over himself during a chase and looking like a twat."

    So that's the only reason why you feel Gards shouldn't be filmed or photographed in public? Wow!

    I don't have to give you or anyone else a reason why I'm taking photographs. It's completely my business if I want to take a photo in public. What I do with the photos is also my business. Gardaí have years of training and dealing with the public (well that could be questioned) so they should be well capable of conducting their duties on the street whether or not they're being recorded.

    I think you need to wise up!



  • Registered Users, Registered Users 2 Posts: 2,428 ✭✭✭mikethecop


    any concerns for the dignity of the homeless person involved, how do you know what interaction was happening ? the shop who likely called as the has in their door way ? or was your own self righteousness more important .

    I wonder at your version of the conversation, too . If i saw some one taking a picture of me while working i may approach them and ask them why, generally to be met with a self important response like your self, acknowledge that some people are just not worth engaging with and walk away, How dare they look at you mind !!! the fascists

    Its not like there are multiple aggressive nutter groups left and right wing as well as criminal who specifically target garda both personally and professionally for their own reasons

    Alsore your comment on body cams. Gardai have been calling for them for years but are being prevented bu the ICCL and GSOC.

    Harassment of gardaí over policing of water protests investigated – The Irish Times

    Partners of Garda superintendents recorded and harrassed, conference hears – The Irish Times

    Garda F390: Tributes flow for tragic Dublin officer Alan Leblique hailed 'gentleman and credit to his profession' - Dublin Live

    Gardaí 'bore the brunt of public anger over public health restrictions' (irishexaminer.com)



  • Registered Users, Registered Users 2 Posts: 1,067 ✭✭✭TimHorton


    It's a Public place, If the cops don't like it then tough, end of story, Photography is not a crime.



  • Registered Users, Registered Users 2 Posts: 56,729 ✭✭✭✭walshb


    You were looking for trouble, simple as!

    you went out of your way to antagonise gardai who were doing their job as public servants..

    and your actions here, rude, ignorant, and intimidatory. Nobody wants any fooking strangers just randomly walking around photographing them. And I don’t care what laws you want to quote.

    and you then have the gall to accuse them of harassment. A lot of strangers would have hit you a smack..



  • Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭chewed


    "I wonder at your version of the conversation, too "

    Were you there? Are you saying I'm not telling the truth? I was told by the Gard in very unfriendly way that (a) I wasn't allowed to take the photo and (b) that I didn't have his permission. Both of these are untrue (as to my best knowledge), hence I was asking for confirmation on this thread.

    Now I'm being attacked by many here as to my intentions, my own self righteousness, and my disregard to homeless people.



  • Registered Users Posts: 100 ✭✭nedkelly123


    The Gardai have a hard enough job to do without idiots trying to photograph them ....

    perhaps the business owner rang them and told them that the homeless people were causing problems and then you pop up with you camera out .

    why didnt you just let them do their job... imagine i started to wave a camera around in your face when you were at work ...



  • Registered Users, Registered Users 2 Posts: 1,305 ✭✭✭thefallingman


    I'd say there's a good chance the gardai got a good photo of you as they drove slowly past



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  • Registered Users, Registered Users 2 Posts: 6,077 ✭✭✭kirving


    Many posters are entirely missing the point of the OP. Given the very public nature of their work and the potential outcomes of a Garda lying, Gardai should have zero expectation of privacy during their day-to-day work. In fact, they should be routinely recorded, and the GRA themselves have been requesting bodycams for years.

    That might be to protect the Gardai themselves, but they protect the public too. (once they introduced alongside laws to make them mandatory as opposed to optional, and stiff penalties for deactivating them)

    A Garda doing their job professionally should have no issue with being recorded. If they do, they're not in the right job.



  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭bad2thebone


    I can imagine the guard's driving past the photographer and looking at him. They probably don't give a toss in the big scheme of things. But they'd enjoy being gangsta like for the **** and giggles.

    They wouldn't even remember what he looks like a few days later. They're entitled to be messers too on the Job.



  • Posts: 0 [Deleted User]



    Yes indeed. One must praise the selfless patriotism of the do-gooder who decided to support the GRA's request free of charge on this occasion. Hopefully a Scott Medal nomination will soon follow.



  • Registered Users, Registered Users 2 Posts: 20,113 ✭✭✭✭cnocbui


    It is not invasive in the slightest, I am really surprised at your attitude, having admired many of your photos. Have you never looked at historical photos taken in cities, or, photos taken of people at beaches or sitting in parks and a million other situations?

    Imagine all those photos with every human scrubbed from them, they would be utterly meaningless. I jaust can't get my head around this attitude.



  • Registered Users, Registered Users 2 Posts: 392 ✭✭Fionne


    Bodycam footage wouldn't be posted on social media though. That's the difference, too many people think everyone and everything is fair game for social media entertainment these days, whether it's people photographing car accidents, people falling around drunk, whatever. Yes, if you're in a public place there's little you can do about it but that doesn't mean you have to be comfortable with it.

    If your motivation to whip out your phone is a sudden rush of anticipation of how many reactions you might be able to muster up on social media, then keep it in your pocket IMO.



  • Registered Users, Registered Users 2 Posts: 56,729 ✭✭✭✭walshb


    The poster implied that he targeted the gardai here. It wasn’t some random innocent foto. They said he cannot take fotos of them, and he replied that he can. Why not say he was not taking a foto of them specifically? He wanted to cause an issue and her a reaction , and he did, and then cries foul.



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  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    It's not the only reason. I'm not going to sit around giving examples. What I'm saying is that people are naturally more self conscious and hesitant when being recorded... training or not.

    Of course you don't have to, but why are you afraid of sharing your motive for it? After all you came on here looking for our opinions. Your account is anonymous after all?! I can only assume your motive wouldn't bode well for your argument.



  • Registered Users, Registered Users 2 Posts: 20,113 ✭✭✭✭cnocbui


    Makes no difference whatsoever to the issue. Be it a council worker picking up litter, a lolipo lady letting kids cross, the guards or fire brigade doing their thing, it's all in public and there should be no sense of there being anything to hide.



  • Registered Users, Registered Users 2 Posts: 2,428 ✭✭✭mikethecop


    Am i not allowed to disbelieve you ? because your not very believable .

    I wonder if you were asked to stop but declined due you your own reasons what ever they may be.

    He told you that you didn't have his permission to take his picture. How could that be untrue ? either you did or you didn't.

    what were your intentions apart from to provoke a reaction that you didnt get ? and ya you seem to be only one you are concerned about in this interaction,


    see above links for ref



  • Registered Users, Registered Users 2 Posts: 25,947 ✭✭✭✭Strumms


    As a private citizen that’s fair enough…but you could only request it.

    Gardai in the course of doing their job and ‘telling’ a member of the public, not requesting but telling them that they were not allowed to photograph and to cease conducting a quite legal act ? It’s no great surprise that in 2022 that peoples opinions of and in that force is not exactly at an all time high….



  • Registered Users, Registered Users 2 Posts: 19,077 ✭✭✭✭Bass Reeves


    While there is no law against taking a photograph in a public place there is rights as to where it can be published/posted.

    There is reasonable expectations of privacy even in a public place. While you were entitled to take the photograph the Garda had rights to control the use of his image.

    What dose this mean. If he stated that under the data protection act he was advising you that you had data relating to him (his image) and he did not wanted it posted on social media then of you continually posted and published it he could have a case against you under the data protection act.

    There is interesting interpretation's of what can and is allowed to be published in a data sense.

    https://www.thejournal.ie/readme/women-who-eat-on-tubes-stranger-shaming-social-media-1403346-Apr2014/

    For instance if you took and published a photograph of a TV liciencee inspector or a Traffic warden in the line of there work and published it on social media it would be construed as harassment of a person carrying out there duty. Similar with a bin man or publishing photographs of a homeless person.

    As a press photographer you can make the claim that the photograph is in the public interest. However similar if you published a photo identifying and naming a TV licence Inspector during his day to day work and published his name it might not be considered to be in the public interest. If you photographed him after giving evidence after a court day then it would be construed as public interest.

    If @chewed actions were construed to be an action to harass or intimidate a Garda ( multiple publishing on social media with inappropriate text added) then the actions could have data protection issues.

    If @chewed only took them to make a complaint to the Garda Ombudsman then there would be no issue

    Slava Ukrainii



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  • Registered Users, Registered Users 2 Posts: 1,305 ✭✭✭thefallingman


    I hear you Strumms and agree with you, but in this case i don't think the gardai were doing anything wrong, or using a heavy hand, correct me if i'm wrong op. I see plenty of homeless shooting up in doorways at best, and defecating in them at worst.



  • Registered Users, Registered Users 2 Posts: 9,114 ✭✭✭Gregor Samsa


    You make a very fair point. I guess I can't really square my thoughts on the matter. And I do love the results of (some) street photography. I've no problem at all taking photos of some random surfers falling off their boards in Lahinch, but wouldn't ever dream to take photos of the very same people sitting out side Spooneys eating an ice cream. One for me to ponder, alright.



  • Registered Users, Registered Users 2 Posts: 19,077 ✭✭✭✭Bass Reeves


    Not correct even the press seldom publish the faces of workers that are working in a public place.

    It is not of public interest and anybody carrying out there work in a public place has expectations of privacy. If the purpose of the photograph is to demean or harass then it's definitely in breach of DP.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 6,077 ✭✭✭kirving


    The Garda may not be personally comfortable with it, but they do have to accept it, given that they work primarily in a public place.

    Nuance in any such law to outright ban photographing of Gardai just wouldn't work, so it would end up being a total ban IMO. I know it's a bit of a false dilemma, but if it was the case of

    A) total ban on photography of Gardai, vs.

    B) making some Gardai feel uncomfortable, and prosecuting those who do actually harass Gardai,

    the only real option is B.



  • Registered Users, Registered Users 2 Posts: 3,420 ✭✭✭chewed




  • Registered Users, Registered Users 2 Posts: 29,600 ✭✭✭✭AndrewJRenko


    Did you miss the part about the two drivebys? How much persistence do you need?



  • Registered Users, Registered Users 2 Posts: 36,553 ✭✭✭✭BorneTobyWilde




  • Registered Users, Registered Users 2 Posts: 2,726 ✭✭✭Adrian.Sadlier


    Some extreme reactions to the OP here - including some allusions to physical violence?

    My understanding of the law is that people can not have an expectation of privacy in a public place. Anybody is free to take a photo of anybody else in a public place. It is the subsequent publishing of such an image that can be problematic https://michaelodohertybl.com/photography-and-a-persons-right-to-privacy/#:~:text=It%20is%20generally%20accepted%20that,taking%20of%20it%20per%20se..

    However, normally a bit of common sense and polite interaction can sort out most issues. I take the odd street photo, sometimes asking permission, sometimes not.And I have taken a few photos of Gardai, sometimes involved in moments of conflict, sometime simply eating an ice cream. No big deal and all legitimate. However, on every occasion where the Gardai made any comment, it has always been to state that"you can't take photos of me"

    All Gardai who commented, incorrectly stated the law. It was always meant to intimidate. This is not poor training but a sign of an approach that is akin to bullying or threatening. An "us" and "them" approach. Their role is to uphold the law. Not falsely interpret it. How can they expect to win public support or to expect the public to trust them?.

    In non Gardai situations it is quite different. If someone objects to me taking their photo where I ask, I simply say OK, give them a smile and move on. If I did not ask them and took their photo without their knowledge, and they subsequently objected, my reaction would entirely depend on their approach.If they were civil, I would usually show them the image I took - it usually ends up with me sending a copy of it to them! If they still wanted it deleted and asked politely, I would politely agree.

    However, if they were not civil, I would take a different approach. The more obnoxious or demanding they become, the less likely I would be to comply with their wishes. After all, that's all they are, their wishes, not their rights.

    However, I would not take photos of someone in a compromising position, just to exploit it. That would not only be "nasty", it would also be illegal. Unless they were breaking the law and it was for journalistic purposes and in the general interest (I do not include tabloid "titillation" to be in the public interest).

    Nor would I take photos of children without the parents permission, and I would always show these images to the parents, offer to send them to them, and delete any they did not like.

    Finally, if someone were to get really stroppy and threaten me, I would always delete the images. I can un-delete them later. And I always shoot to 2 cards at the same time 😁



  • Registered Users, Registered Users 2 Posts: 4,832 ✭✭✭ablelocks


    did this thread get moved from after hours? there hasn't been as many posts in the whole photography forum for months...!

    Post edited by ablelocks on


  • Registered Users, Registered Users 2 Posts: 6,023 ✭✭✭Princess Calla


    It was in photography when I posted earlier so I don't think so.

    It has a catchy title to be fair!



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