Flash, Bang, Wallop - what a picture!

This decision by Google to expand their "Google Earth" project by providing street photographs has once again raised the question of the rights of photographers to take photographs in public places. English law is based on the fundamental principle that you can do anything provided there is not a law prohibiting you from doing it. This gives you what is known as a "residual right" and when we talk about the right to take photographs, this is what we mean. So what legal restrictions are there on taking photographs? Well, if you're on private property without permission you're in breach of the law anyway and taking photographs would be a further aspect of that breach. If you're on private property with permission then it can be assumed that you have permission to take photographs unless you have been told otherwise. If you are in a public place, then in general there is no restriction on the taking of photographs, unless by so doing you could be accused of harassment, obstructing the highway or compromising national security. There are also restrictions on taking photographs around court buildings while they are in session, and (rather bizarrely), photographing banknotes wherever you are. Apparently an MP is attempting to get the law on photography clarified, but as things stand I can't see that Google is doing anything wrong.