Is it illegal to take pictures without my consent?

It is illegal to take photos without my consent, as the case may be:

1. If a citizen is taking pictures of others, or a citizen accidentally takes pictures of others while taking pictures of himself, it is not allowed by others, and it is generally not illegal;

2. If you shoot a video and upload it to the Internet without my consent, it is an act of infringing on the right of portrait.

Infringement of portrait rights:

1. Using the portrait of the obligee for profit without the consent of the obligee;

2. Displaying, making public, displaying, copying or distributing the portrait of the right holder without the consent of the right holder, although not for profit;

3. Beyond the permission of the obligee to use the portrait of the obligee;

4. Use the portrait of the obligee beyond the geographical scope permitted by the obligee;

5. Use the portrait of the obligee during the period beyond the permission of the obligee.

As long as three conditions are met, it can be considered as civil liability for infringement of portrait rights:

1, the occurrence of damage facts. For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, mainly reflected in the fact that the possibility of the portrait owner obtaining property benefits from his portrait is reduced, including direct losses and indirect losses, including mental damage and material damage;

2. The infringer is subjectively at fault (including intention and negligence). That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that there is a fault;

3. There is a causal relationship between the damage facts and the tort. This causal relationship must be an inherent, essential and inevitable connection between the photographer's behavior and the damage result.

To sum up, no organization or individual may use information technology to defame, defame or forge others' portrait rights. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public. Infringement of others' portrait right is a kind of civil responsibility, and citizens enjoy the right to portrait. Without my consent, citizens' portraits shall not be used for profit. If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he apologize, and he may demand compensation for losses.

Legal basis:

Article 10 19 of the Civil Code of People's Republic of China (PRC).

No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.

Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.