Intimacy as spectacle
"The facial image, protected as personal data, may not be captured or disseminated without prior, express and informed authorisation. This rule admits strict exceptions linked to freedom of the press, public safety or incidental recording in open public spaces. But a stadium or an auditorium, even if they are public access venues, are not public spaces in the strict legal sense", explains Mauricio París, partner in charge of Technology and Digital Law at ECIJA in Costa Rica, in his column for La Nación - Costa Rica.
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Much less can a dynamic such as the kiss cam be understood as a legitimate exercise of freedom of information, nor was it about public figures, such as political figures. Therefore, consent is still required to capture and project the image of an attendee in this type of situation.