This is clearly not true though. People end up in other peoples’ photos all of the time without permission. So it sounds like a bullshit law that can be used to arbitrarily string people up rather than anything actually enforceable or reasonable.
And in general the focus of the photo matters. You don't need permission from random folks who are not recognizable in the background.
Intent also matters. If I post a picture of my kid eating icecream and there's some random dude in the background no court will prosecute that.
If I add a caption identifying the person in the background things might look different.
My problem is that attempts to legally curb this have gross implications for the rights of people to keep informed about ongoings in the world. We have a right to be able to show corrupt cops as much as we do criminals and rioters. We have a right to showcase protests when going well or when they're destructive. We have a right to film stuff like Rittenhouse's situation and use that information to jail or free him of charges.
And any corporation will exploit this citizen desire for 'privacy' and use it as a wedge to strip us of our power as citizens, nevermind to allow some information that is in line with establishment values but disallow information that runs contrary to it's power.
You can't solve all these problems at once.
Censorship - both from the state and monopoly actors in the private sector, is incredibly worrisome.
What would be the worst case scenario is that our privacy is utterly gone AND censorship, citing privacy concerns, never really addresses privacy in a practical way but does help corporations and states manipulate the public discourse and undermine our very democracy.
As far as i'm concerned - even as a privacy advocate - our privacy is gone. We lost this battle. Theere's things we can do to maximize our privacy and make it better but the toothpaste is never going back into the tube.
But this is a moment where censorship is about to be normalized in an extreme way and this is a fight that shouldn't be lost.
if someone in power can bend the law to protect their power, they will.
You see this out of Aussies, often, too.
You would have to justify it anyway and personal rights in Germany always trump the rights of others to create art, for example. You'll find many cases that are about surveillance cameras as well and even there's it's often in favor of the person not wanting to be on camera.
https://dejure.org/dienste/vernetzung/rechtsprechung?Text=VI...
http://lrbw.juris.de/cgi-bin/laender_rechtsprechung/document...