NZ Engine

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Reviewed May 2025

Can passengers take photos and videos on a plane? That’s a good question when most of us have easy access to our phones and inflight Wi-Fi being increasingly offered to passengers. Another public setting where this question might arise is recording of patients and staff in hospitals. Read our AskUs answer to the question, ‘Can I record someone without telling them?‘

An important consideration is whether the recording is taking place in a public or private space. Generally, the Privacy Act says taking photos or recordings in public places is allowed. It also depends on who is taking the photo or making the recording, and whether the photos could be categorised as highly offensive.

Businesses

If you’re an agency (business or organisation) or if you’re taking the photo or making the recording on behalf of a business or agency, you need to consider the general obligations around collection of personal information (see principles 1-4 of the Privacy Act).

Individuals

If you are an individual and you’re taking the photo or making the recording in a personal capacity, it won’t usually be an issue under the Privacy Act. Most passengers on planes and visitors to hospitals will fall into this category, and if they were to make a recording on a flight, it will be in their personal capacity. But there are two things that a passenger should keep in mind.

1. It is always good practice to seek permission when an individual is the subject of your photo or recording. This is courteous and respectful of the privacy of others
2. The use of some public facilities, for instance, parks or swimming pools, will be subject to conditions that may impose limits on what you can film or record. For example, many swimming pools have clearly stated policies that photos and recordings are not permitted. Similar restrictions could apply to a passenger planeor a hospital.

While a commercial space like a passenger plane is essentially a public space, the airline may impose rules around whether a passenger can film or record. It can set this out in its passenger terms and conditions and in its passenger education.

However, the personal capacity exemption does not apply where the collection, use or disclosure could be “highly offensive”. This means there are circumstances where it generally isn’t appropriate for individuals to take photos or make recordings, even when they’re in a public space.

Emergencies

Is it acceptable for other passengers to film a mid-air medical emergency involving another passenger and post it online? We don’t think so. A medical situation would likely involve sensitive information about an individual who is vulnerable, and so this could be considered highly offensive.

In our view, an incident that may be embarrassing to an airline does not mean it is highly offensive. The case involving United Airlines and David Dao on a US domestic flight is a famous example. In this case, video taken by other passengers of Mr Dao being forcibly removed from the flight after he refused to give up his seat was used as key evidence.

What happens when people disagree? 

Individual passengers and air crew may disagree about whether photos or recordings are acceptable. Ultimately, all parties should exercise restraint, consideration and common sense on a flight, as they should in other walks of life. If you wouldn’t want someone to do it to you, don’t do it to others.

Harmful Digital Communications, plane photos, public video, recording people, public photo

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