Yes, it is.  I can observe innocent tourists and citizens taking photos and avoid them if I want to.  The key part you missed was &quot;without my knowledge.&quot;  I&#x27;m not going to obsess over being in the background of the occasional tourist photo, but if I want to avoid it, I can by simply observing the obvious camera and avoiding it.  I could even discuss it with them if I really cared for some reason, and possibly have them delete a photo of me.<p>I am <i>aware</i> of tourist photos and photos by friends.  It  is reasonable to expect that I&#x27;ll be in occasional photographs where I am not the subject.  I <i>know</i> that.  It is reasonable to expect that I won&#x27;t be the <i>subject</i> of photos without my knowledge or included in detailed photographic records just because I went to a public place.  Detailed imagery of your whereabouts and activities should never be expected and should only be legal with a warrant.