The right to one's own image (§ 22 KUG) protects people from being published without their consent. Taking photographs is usually permitted; publication requires consent. Exceptions apply to public figures, gatherings, and people appearing incidentally. Children receive special protection; publication always requires permission from their legal guardians. Violations may have civil and criminal consequences.
Category: Photography Basics > 9. Law & Society Article ID: 9.2 Created: May 2026
The essentials at a glance
- The right to one's own image (§ 22 KUG) protects people from being photographed and/or published without their consent
- Taking photographs and publishing are treated separately under the law—the act of taking the photograph itself is often permitted, while publication requires consent
- Exceptions: people appearing incidentally, gatherings, and public figures at public appearances
Explanation
What does the right to one's own image protect?
The right to one's own image (§ 22 KUG—German Act on Copyright in Works of Art and Photography) protects every person from having their likeness distributed or publicly displayed without their consent. Simply taking a photograph is not initially covered by this provision—only publication, distribution, or public display triggers the right.
Requirement: At least one other person (apart from the photographer) must be able to identify the person depicted—not necessarily by their face, but also through other characteristics (body posture, surroundings, clothing).
When is consent required?
As a general rule: Obtain consent before taking the photograph if an identifiable person is the main subject and the images are intended to be published.
Consent may be given verbally, in writing, or through implied conduct (e.g., someone deliberately poses for the camera).
Exceptions without consent (§ 23 KUG)
In certain cases, publication is permitted without consent:
- Public figures at public appearances—politicians, actors, and athletes at events; however, privacy (e.g., at home or on vacation) remains protected
- Gatherings, processions, and similar events—demonstrations, city festivals, concerts; individual people may not be singled out
- Landscapes and locations where people appear only incidentally—a person who happens to be visible in a city photograph without being the main subject
- Images created for scientific, educational, or artistic purposes, provided that no legitimate interest of the person concerned is violated
Special protection: Children
Particular caution is required with children and minors:
- Photographing children in a sexually arousing or suggestive manner is strictly prohibited (§ 184b/c StGB)—even without sexual intent if the image can objectively be deemed to be of this nature
- Publication of photos of children (including innocuous ones) always requires the consent of their legal guardians
- For school events, sports festivals, etc.: Schools and clubs often have their own rules
Consequences of violations
- Under civil law: Injunctive relief, damages, monetary compensation
- Under criminal law: The person concerned may file a criminal complaint (§ 33 KUG)
- In practice: Civil claims are more common and more important than criminal proceedings
Practical tip
As a practical rule of thumb for street photography: In public spaces, taking photographs is usually permitted—but publishing images of identifiable people without consent is legally risky. Anyone wishing to publish should ideally obtain consent immediately after taking the photograph—most people will say yes if you ask politely and explain what the images will be used for.