Can you film your neighbours and post it?

Usually not without their yes. The Federal Data Protection and Information Commissioner (FDPIC) says that pictures count as personal data as soon as the people in them are recognisable, and portraits need consent. People who appear only incidentally can demand that the picture be deleted.

Ep. 53 · This is Ueli · 60 seconds. Watch

The real rule

Why the Swiss laugh, and what it means if you're new here.

Gwunder, curiosity about what the neighbours are doing, is a Swiss word, and a phone makes it easy to share. But once a neighbour is recognisable, the picture is their personal data, and they get a say. As a newcomer, ask before you film someone, and ask again before you post.

How to Crack the Coconut, the free book

Blüemli's verdict: Ding. Usually you need a yes. Recognisable people decide. They can ask you to delete it.

GWUNDER: literally: “wonder”; really: the neighbours' curiosity Ueli's Word

Be like Ueli. Ask first. Then film.

Learn more: How to Crack the Coconut, the free book

The rule, explained

The Federal Data Protection and Information Commissioner (FDPIC, in German EDÖB) explains it on its page on handling photos: as soon as the people shown are recognisable, the photos count as personal data. Portraits need consent. People who are only in the picture incidentally can demand deletion. The film's verdict also points to Article 28, paragraph 2, of the Civil Code. The word of the film is Gwunder: the Duden lists gwunderig as Swiss for neugierig, curious, and berndeutsch.ch gives Gwunder as Neugier, curiosity. In the film, Elira asks, Ueli agrees, and she films his good side only.

Sources: FDPIC (EDÖB), Umgang mit Fotos; Civil Code, Art. 28 para. 2; Duden, gwunderig; berndeutsch.ch, Gwunder

Questions people ask

Is it legal to film people and post it in Switzerland?

Usually only with their yes if they are recognisable: pictures of recognisable people count as personal data, and portraits need consent (FDPIC).

What does Gwunder mean in Swiss German?

Curiosity. The Duden lists gwunderig as Swiss for neugierig, curious.

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