Content vs consent: Street photography in Baguio gives rise to privacy concerns

BAGUIO, Philippines – Imagine being out on the streets, going about your errands, and soon finding your photo posted on social media by a stranger.

“I was shocked,” said Marie (not her real name), a resident of Baguio City who was photographed along with her friends while passing by market stalls in January 2024 — without their knowledge.

“I didn’t want my photo taken by strangers. Or, if they were aiming for a candid shot, they could have asked after if they could post it on Facebook,” she said in a mix of English and Filipino.

The experience has since made her feel unsafe when out. “After this incident, I’ve become more aware of street photographers in the area and more cautious about my behavior when walking around, to avoid becoming someone else’s content,” she said.

There is a growing concern among residents of the Philippines’ summer capital about the invasion of their privacy, as street photography has become a thing for both locals and tourists.

A number of street photographers we spoke to think the unknowing subjects are fair game. They call the stolen shots “harmless,” while their subjects, who consider themselves “victims,” think there is little recourse for them.

Anything ‘Baguio’ can go viral

Search “Baguio City” on various social media platforms, and thousands of candid shots of people, places, and food will appear. The Facebook group “SaBaguio,” for instance, has around 700,000 members who are free to post content related to the city. Another example is the public FB group “Baguio Street Photography,” which has around 3,000 members.

“I created SaBaguio during the pandemic out of love for Baguio. I noticed that anything related to Baguio shared online tends to go viral because it resonates with former residents who miss the city and tourists dreaming of visiting,” Ray Ambler Baguilat, the local and photographer behind SaBaguio, told Rappler. 

To identify their photos taken in the city, the group’s members use the hashtags #SaBaguio (in 288,000 posts so far), #WhenInSession, or #BaguioCity (in 2.3 million posts).

“Baguio is a creative city, and its streets naturally inspire photographers and enthusiasts. SaBaguio has become a platform for these creatives to showcase their work to a large, engaged audience with a shared appreciation for Baguio,” Baguilat said.

Calling out street photographers

What’s creative freedom for the street photographers, however, is misery to those who feel they cannot freely move about the city’s streets anymore.

A top contributor to SaBaguio, for example, posted a series of photos of random people last September. Imagine how his subjects would have reacted if they knew they were photographed thus: wandering around the public market, playing, sitting on a flattened box on the streetside, sleeping in a modern jeepney.

In September, too, an anonymous user posted on the sub-Reddit group r/baguio, which is dedicated to anything related to the city: “To our street photographers, please avoid including people’s faces in your posts, as not everyone is comfortable with it.”

Another user commented, “Sana bumalik ang common decency na ang camera di itututok sa iyo (kahit di ikaw ang focus, basta andon ka sa pic) or magsasabi muna sila para di nakakagulat na makita mo nalang [mukha] mo sa [Facebook] nakakalat.”

(I hope we observe common decency to not train the camera on someone — even if they’re not the focus, but they’re in the frame — or ask permission from the subject, so they don’t get the shock of their lives seeing their faces circulating on Facebook.)

The user said they experienced social anxiety after being the subject of stolen shots. Now, they wear a mask and shades when going out; sometimes, they just walk away when they see a camera trained on them.

Their plea was not well-received by some Reddit users. One user said the one complaining about intrusion was suffering from personal insecurities, while others pointed out that in a tourist spot like Baguio, residents should expect less privacy.

In an interview with Rappler, Ric Maniquiz, a photographer in the city since the 1970s, said he was surprised to learn about privacy concerns about random people being photographed for online posts.

As a photographer and prolific social media user, he’s always been interested in capturing the daily lives of ordinary people, whether they’re in the market, on the sidewalks, or just going about their business.

“To me, what matters is, I am able to capture stories, I create a narrative that reflects the person or people in the picture, that’s why I don’t usually ask permission. But, of course, I make sure the shots are not embarrassing or awkward,” he said in a mix of English and Filipino.

He said he has never had anyone ask him to take down a photo, but there had been two instances when subjects asked him not to include their faces. However, he finds it “impossible” to ask for consent from every subject.

Self-policing

Marie, the woman who was photographed without her consent, assures critics that when she complains about the experience, it is not out of any personal insecurities.

“With the rise of artificial intelligence and various cybercrimes, I think using people’s faces in content, no matter how [supposedly] harmless, is quite alarming,” she said. “A photographer could capture a minor doing something harmless and post it on social media. But, if others see it, they could save it and use it for malicious purposes.”

Despite the potential risks, she said, victims like her have limited options, especially since street photography is not regulated.

Content creator and Baguio-based photographer Karl Patacsil, who has 2.6 million followers on Facebook and 1.6 million followers on TikTok, is best known for his photos of strangers in the city. He acknowledges that the street photography culture is affecting the daily lives of residents and tourists.

“Taking photos has sort of become mainstream, and because it’s done at Session Road, some people already avoid the area because they might be secretly photographed or asked to be photographed, so I stopped with those kinds of content,” he said in Filipino. 

Although Patacsil had always sought the subjects’ consent before posting their photos and videos, he still received many requests to take down the posts due to a change of heart.

He said he leaves the subjects alone when they decline to be photographed.

“We should consider the person’s emotions,” Patacsil said.

Daniel Adelanta has been doing street photography in the city for two years. After the first time he got a request to take down a photo he posted of a stranger in Burnham Park, he has since seen to it to first get the subject’s consent.

What Baguio tourism office is doing

Still, Adelanta believes Baguio’s street photography culture helps showcase Cordillera culture, like when he captures images of street performers, vendors, and ordinary workers.

The City Tourism Office also recognizes the value of the street photography culture. Senior Tourism Operations Officer Joma Rivera said the pedestrianization of Session Road every Sunday allowed photographers to showcase the vibrant atmosphere in the area. 

So far, Rivera said, no privacy complaints during such gatherings have been filed with their office.

However, their official Facebook page, Baguio Tourism already received a request from an individual to remove their photo taken at Session Road during the holidays. The tourism office complied with it. 

To proactively manage potential issues, the office said it’s available 24/7 to address concerns or inquiries in close collaboration with the Baguio City Police Office and other agencies.

Things to consider in street photography

LeAnne Jazul, Rappler’s photo editor, said that, while photographers can argue that people who go to public places or attend public events should expect the possibility of being photographed, the former should consider several things:

• Voyeurism
• Libel
• Violation of the Safe Spaces Act
• Violation of the Data Privacy Act

Hence, he said, the photo should not be defamatory. It must also not be sexually suggestive, which could cause psychological distress to the subject. Moreover, it must not violate the subject’s personal data.

“Even though I support art in all forms, I support the candidness of our actions in the street, I think consent is still important with regards to using other people’s photos,” the victim Marie said.

In a Facebook post, the National Privacy Commission issued a reminder: “A person’s data privacy rights do not cease even when one is in a public space (NPC Advisory Opinion No. 2021-014).
Kaya naman be mindful sa pagpost sa social media nang walang pahintulot sa mga taong kasama sa pictures or videos.  (Be mindful when posting on social media without the permission of other people included in the pictures or video.) Kung napost ka naman (If a photo or video of you was posted) without your consent, you are entitled to suspend, withdraw or order the blocking, removal or destruction of your personal information.”

SaBaguio’s response

SaBaguio’s founder Baguilat said their Facebook group tries to maintain a balanced space for creative expression and respect for privacy. It has several moderators who check the content on the page, trying to remain vigilant, and open to the pleas of others.

“I also enabled an admin assist feature where, if a post is reported three times by different people, it will be deleted automatically,” he said.

Baguilat remains firm that, although street photography may indeed include photos of others, they do not allow posts that directly invade someone’s privacy.

“At the end of the day,” he said, “I want SaBaguio to be a space where everyone feels welcome, whether they’re here to share their art, relive fond memories, or simply appreciate the beauty of Baguio through others’ eyes.” – Rappler.com

Lyndee Buenagua is a third year college student and campus journalist from the University of the Philippines Baguio. The former editor-in-chief of Highland 360, a Baguio-based publication, she is also an Aries Rufo Journalism fellow of Rappler for 2024.