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Photography laws in Germany

Updated on August 22, 2023 By Nicolas Bouliane

This guide explains how you can take photos of people, businesses and
buildings in Germany.

On this page

 1. Taking photos of people
 2. Sharing photos of people
 3. Sharing photos of buildings and vehicles
 4. How to get permission
 5. If you don't follow the rules
 6.  Questions and answers
     1. Can I just blur people's faces?
     2. Do I have to censor licence plates?
     3. Can I film the police in Germany?
 7. Need help?
 8. Legal references

Taking photos of people

You can't take photos of people if...^17

  * It violates their privacy
    For example, you can't take pictures of strangers in their home,
    in a bathroom, in a changing room or at the sauna.^16
  * It shows their helplessness
    For example, you can't take photos of accident victims, drunk
    people or nude people without their permission.^2 This also
    applies to celebrities.^1

To take a photo of someone, you usually need their permission. There
are exceptions. You don't need permission for...^30

  * Family photos
    You don't need permission to take photos of your own household.
    For example, vacation photos of your family, or home video. You
    need permission to share the photos on social media.^29
  * Film photography
    If you take analog pictures of people, and you do not scan them
    or share them, you don't need permission.^28
  * Unidentifiable photos
    If the person in the photo can't be recognised, you don't need
    their permission. Be careful! A person can be recognised by their
    tattoos, their clothes, the context of the photo, or the EXIF
    data of the image.^27
  * Photos of public events
    You can take photos of parades, sports events and demonstrations
    without permission. That does not include photos of specific
    people in a crowd.^32

Anonymous photo of a person reading a newspaperYou don't need
permission to take photos of people if they can't be recognised.

Sharing photos of people

To share a photo of someone, you need their permission.^31 You need
permission to share their photo on a website, on social media, in an
email, in a group chat, in a newspaper, or in any other publication.^
3

There are exceptions. You don't need their permission if...

  * The person can't be recognised from the picture^4
  * or the people in the picture are accessories in a landscape or
    special location^6
  * or the person is a public figure, or part of contemporary history
    (a politician, a movie star, ...)^5
  * or the person died more than 10 years ago
  * or the people in the picture are participating in a public
    gathering, parade or similar event, and they are not the focus of
    the photo^7

Tourists in front of the Brandenburg gateYou don't need permission to
share photos of landscapes that have people in them. Crowd of people
You don't need permission to share photos of public gatherings.
Person in a crowdYou need permission to share portraits of people,
even in public gatherings.

You can't share a photo of without their consent if it's against the
person's legitimate interests:^18

  * You can use a photo of a famous person for an article or book
    about them. You can't use a photo of them to promote an unrelated
    product.^8 For example, you can't use the photo of Barack Obama
    to sell vacuum cleaners.^19
  * You can't share photos of people if it severely damages their
    reputation.^9 Don't share embarrassing photos of people.
  * You must respect people's right to privacy, even if they are
    famous.

Sharing photos of buildings and vehicles

In public spaces, panorama rights apply. You can take, share or sell
photos of buildings and vehicles without permission if they are
visible from the street.^10 For example, you can sell posters of a
classic car parked on the street.^11 You don't need the owner's
permission, but it's polite to ask anyway.

Berlin apartment buildingsYou don't need permission to take, share or
sell photos of buildings taken from the street. Car in front of a
Berlin businessYou don't need permission to take, share or sell
photos of cars and businesses taken from the street.

In private spaces, you need permission. If you take pictures inside a
business, a house or a museum, you need the owner's permission.^12
Some night clubs and museums don't let you take photos.

Photo of a man at the counter of a coffee shopYou need permission to
share photos of private spaces like businesses and museums.

How to get permission

Just ask before you take the photo. Even when you don't need
permission, it's more polite to ask.

You don't always need written permission. The permission can be
implied:

  * If you pay someone to take their photo, you have their permission
    to use the photo.^20
  * If everyone in the picture is smiling at the camera, you have
    their permission to take a photo.^21 You still need permission to
    share the photo.

The permission is not implied if...

  * You want to use the photo for a different purpose. Permission can
    be limited to a specific time and purpose.
  * You want to use someone's profile photo. You don't have
    permission to use someone's photo just because it's public.^22
  * The person died less than 10 years ago. You must get permission
    from their relatives. If they died more than 10 years ago, you
    don't need permission.^20

If you don't follow the rules

The punishment is a fine, or up to 2 years in prison.^13 People
rarely go to prison, but fines and lawsuits are common.^23

The subject of the photo can sue for damages.^19 You might have to
pay for the victim's legal costs.^14

If you took the photo by accident, you can delete the picture without
punishment. For example, if you take a drone video, and catch someone
naked in their backyard.^24

Questions and answers

Can I just blur people's faces?

No. You must make sure that the person can't be recognised.^25
Sometimes, blurring is not enough.

Photo blurred still recognisableA person can be recognised by their
tattoos and hair style

Do I have to censor licence plates?

Yes, you should also blur vehicle licence plates. This is not always
required.^26

Can I film the police in Germany?

There is no exception for police officers. The same rules apply when
you take photos or videos of the police.^15

Need help?

Where to ask legal questions 

Legal references

  * Data privacy laws (GDPR)
      + Article 2 - Exception for household activities
      + Article 6 - Lawfulness of processing
  * Copyright law for works of fine arts and photography (KunstUrhG)
      + SS 22 - Consent requirement
      + SS 23 - Exceptions to consent requirement
      + SS 33 - Punishment
  * Copyright law (UhrG)
      + SS 59 - Works in public places ("panorama rights")
  * Criminal Code (StGB)
      + SS 201a - Violation of intimate privacy by taking photographs
        or other images ("the paparazzi law")

Sources and footnotes

 1. SS201a StGB 

 2. anwalt.org, fotomagazin.de, kanzlei.law 

 3. web.archive.org, dejure.org 

 4. web.archive.org, hoesmann.eu, fotomagazin.de 

 5. commons.wikimedia.org, hoesmann.eu 

 6. SS23 KunstUrhG, SS59 UrhG, wbs.legal 

 7. SS23 KunstUrhG, rechtambild.de, wbs.legal 

 8. rechtambild.de, web.archive.org 

 9. web.archive.org 

10. lhr-law.de, SS59 UrhG 

11. lhr-law.de, SS59 UrhG 

12. ra-plutte.de, SS59 UrhG 

13. SS33 KunstUrhG 

14. web.archive.org, anwalt.org 

15. datenschutzbeauftragter-info.de, prigge-recht.de 

16. SS201a StGB, kanzlei.law 

17. datenschutzbeauftragter-info.de 

18. gesetze-im-internet.de 

19. rechtambild.de 

20. SS22 KunstUrhG 

21. rechtambild.de 

22. ferner-alsdorf.de 

23. gesetze-im-internet.de 

24. web.archive.org 

25. fotomagazin.de, hoesmann.eu 

26. tz.de 

27. wbs.legal 

28. wbs.legal 

29. gdpr-info.eu, wbs.legal, fff-legal.com 

30. bmi.bund.de 

31. wbs.legal 

32. wbs.legal 

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On this page

 1. Taking photos of people
 2. Sharing photos of people
 3. Sharing photos of buildings and vehicles
 4. How to get permission
 5. If you don't follow the rules
 6.  Questions and answers
     1. Can I just blur people's faces?
     2. Do I have to censor licence plates?
     3. Can I film the police in Germany?
 7. Need help?
 8. Legal references
 9. Related guides

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