ARTFEED — Contemporary Art Intelligence

Street Photography's Ethical Line: When Documenting Becomes Violation

opinion-review · 2026-08-07

The ethics of street photography have come under scrutiny once again due to a case in Milan. A photographer captured thousands of unsolicited images of women, including intimate anatomical features, which were shared privately and later assembled into a book. This practice persisted until it faced public backlash, prompting discussions about the thin line between street photography and voyeurism. Notable photographers such as Henri Cartier-Bresson, Walker Evans, and Garry Winogrand are mentioned. A relevant legal case involves Philip-Lorca diCorcia, whose image of an unaware passerby was deemed art by a New York court. Italian law forbids the publication of portraits without consent, barring certain exceptions. The piece concludes by stating that street photography crosses a line when subjects are victimized, referencing Susan Sontag on photographic appropriation.

Key facts

  • A photographer in Milan took thousands of unsolicited photos of women, including anatomical details, shared in a private chat and later published in a book.
  • The book was initially celebrated by newspapers and magazines before a public denunciation.
  • Henri Cartier-Bresson hid his Leica under a handkerchief; Walker Evans photographed subway passengers with a hidden lens; Garry Winogrand photographed American streets without permission.
  • Vivian Maier left 100,000 negatives of strangers who never knew they were photographed.
  • Philip-Lorca diCorcia was sued by an Orthodox Jew he photographed without consent in Times Square; the New York State court ruled in diCorcia's favor, deeming the photograph art.
  • Bruce Gilden photographs New York passersby with a flash, described as brutal but returning whole people.
  • Italian law prohibits publishing portraits without consent, with exceptions for notoriety, public interest, and cultural/artistic purposes, but not if it harms dignity.
  • Susan Sontag wrote in 'On Photography': 'to photograph is to appropriate the thing photographed' and 'To take a photograph is to participate in another person's mortality, vulnerability, mutability.'

Entities

Artists

  • Henri Cartier-Bresson
  • Walker Evans
  • Garry Winogrand
  • Vivian Maier
  • Philip-Lorca diCorcia
  • Bruce Gilden
  • Susan Sontag
  • Luigi Falanga
  • Gaia Forlin

Institutions

  • New York State court

Locations

  • Milan
  • Italy
  • New York City
  • United States
  • Times Square

Sources