On June 21, 2017, our colleague Dennis Tölle was allowed to participate as an advisor in the program “Markt” on WDR.
The report primarily deals with the – for many people “new” – topic of the photography ban in outdoor swimming pools.
Outdoor pools and their photography ban
After some outdoor pool operators put up conspicuous prohibition notices in their outdoor pools at the beginning of the summer, a small discussion arose about the permissibility of the ban.
Can I take my smartphone into the swimming pool to take selfies?
What happens if strangers are shown in my pictures?
Can I share such pictures on social media?
Can I take photos of my children in the paddling pool?
And finally: What are the consequences of a violation?
No general ban on photography
In principle, taking photos of other people is not prohibited.
However, it is generally prohibited to publish the photo on social media such as Facebook, Instagram, Snapchat and WhatsApp unless the photographer has obtained the consent of the person concerned.
In the age of the smartphone, taking a photo often goes hand in hand with sending it.
After all, you have to share your great trip to the outdoor pool with your friends.
It is precisely for this reason that various outdoor pool operators have now decided to make use of their domiciliary rights and prohibit photography altogether, as our colleague Tölle points out.
Strict enforcement of the photography ban in some cases
Either you hand in your smartphone/camera at the entrance to the swimming pool or the camera lens is covered with a seal.
Anyone who does not wish to abide by these rules may have to leave the outdoor pool.
However, the ban on taking photos has not only met with a positive response.
Many families are annoyed that they are no longer allowed to take photos of their children taking their first attempts at swimming.
Photography ban is only a preventive measure
According to the outdoor pool operators, however, it is a matter of principle.
The ban is a preventative measure.
In particular, it is about giving outdoor pool visitors a relaxed time, without any fear of being saved forever in an unflattering pose on social media.
Some serious consequences for violating the ban
If the pool operator issues a ban on photography, bathers should act quickly.
First of all, it is advisable to contact the pool attendant and ask for the photo ban to be enforced.
However, if the photo has already been published, there is a claim for injunctive relief as well as compensation for pain and suffering or damages.
In addition to the consequences under criminal law (Section 201a StGB), nude pictures of small children can also result in considerable damages for pain and suffering of several thousand euros.
If you are unsure about a photography ban, you should talk to the pool attendant or ask directly at the ticket office.