Ahmed Elassy
@aasi17 Jul
Shooting in Spain
I have moved to Barcelona, Spain, about a year ago from Melbourne, Australia. I didn't do my homework regarding photography laws here in Spain. Unfortunately, they are quite strict. I was waiting for a bus the other day near a large square filled with cafes. A large beautiful fountain was shooting water almost 2 to 3 meters up in the air, elders seated watching while children played in the fountain laughing, sliding on the ground and doing cartwheels. The whole scene looked magnificent. I took a few snaps of what I thought was a lovely scene combining the old and young,... 90 seconds later a police officer shows up, tells me (in a very hostile manner) this is illegal, I need to delete all the photos, I am not allowed to photograph children as it's illegal, took my ID to do a background check to verify that I am not a criminal, then told me to leave immediately as 'he doesn't want the parents to see me here'. I know it's my fault that I haven't checked the local laws, and that I definitely stand out looks wise as a non Spanish person, but I didn't expect this aggressive. Anyone else here does street photography in Spain?
The Police may have yelled at you for taking photos of children, but they can’t demand you to show or erase them.
From Google AI: In Spain, street photography is legal in public, but taking recognizable photos of people without their consent violates the right to one's image under Spanish Constitution Article 18 and Organic Law 1/1982. Always ask for permission unless individuals are merely accidental background elements.The General Rule: ConsentUnder Spanish civil law, capturing and publishing images that clearly identify a person requires their express consent. This applies even on public streets, as Organic Law 1/1982 protects personal privacy and individual anonymity in public.Key ExceptionsYou do not need to obtain consent in the following scenarios:Public Figures: Officials or public figures in their official capacity or at public events.Crowds and Events: Public events, protests, or festivals where the individual is merely an incidental part of a wider scene (known as elementos accesorios).Caricatures: When used primarily as a social or artistic caricature.
This video does a deep dive. The audio can be converted to Eng7via AI.
I live in Spain, the rules are strict but they are, as the video shows, a bunch of conflicts between rights to capture images in public and the rights of individuals to maintain their privacy when they are out and about. It is correct that you cannot be forced to show any 'offending' photos to a police officer but at the same time not doing so can escalate the interaction, either with the people involved and/or the police. All the police want is to see that you have deleted any photos someone is claiming were of them. Standing your ground will just escalate things further. Your choice.
It's not an ideal situation for street photography but you will find, if you're travelling around, that different places in Spain have different attitudes to photography. I found Seville to be far more chill with photographers and Madrid for me was just like shooting in London, people going about their business and ignoring photographers.
Where I live people just seem suspicious of photographers. The character of the city I live in is self-described by the compound word "malafolla", which basically means "bad fuck". People have a very blunt sense of humour but also a generally "who cares" attitude. I get people staring at me when I have a camera but I have never been confronted.
Thanks
I've shot a few times in Spain, mostly in Seville but also in a very small village. In Seville, everyone is more laid-back because they're used to tourists, and from what I've heard from other photographers, it's the same in Madrid, Barcelona, and Malaga. When I shot in the smaller village, I obviously stood out a lot, but people didn't really care and weren't confrontational either. That said, I am a 165 cm, Spanish-looking woman, so perhaps that helps.
Thank you. I am a 6+ foot 285lbs middle eastern looking man, so definitely doesn't help :). Between the time I clicked the first shutter and the police showing up was under 2 minutes which says a lot.
Anyways, you live and you learn
I've visited Barcelona and not had an issue taking photos of people on the street. Maybe it's whether that specific person wants to try and enforce superiority and be a jobsworth. You always get some idiots that think they control everyone because they wear a badge.