August in Verona is a visual feast, in the best possible sense. The Arena's tiers glowing at dusk, the brick-red alleys catching fire at golden hour, people strolling along the Adige. Every tourist with a smartphone becomes a photographer. The problem comes later: when you open Instagram and tap "Post".
That couple in elegant clothes in the background? That guy on a bike who cut across your frame just as you pressed the shutter? Legally, the issue is more serious than most people think.
Taking a photo is free — publishing it is another matter
There is a fundamental distinction that many people overlook: taking a photo is almost always lawful; sharing it is not necessarily so. There are no laws prohibiting the act of photographing objects or people in public spaces. The issue arises when you decide to publish those photographs.
Being in a public place does not mean that your image can be freely distributed, especially when publication takes place on social media or websites. This is a distinction that Italian law clarifies in considerable detail.
Two fundamental rights of the people portrayed come into play: the right to one's own image — that is, the right to control how one's likeness is used and shared — and the right to privacy. The image of a recognizable person is a personal data point protected under the GDPR, and its online distribution constitutes "processing" that requires a valid legal basis. For a private individual posting on Instagram, this legal basis is almost always the free, specific, and informed consent of the person depicted.
In practice: even simply posting photos on Facebook, Instagram, or Twitter amounts to publication, and consent is required.
The background rule: when you're in the clear
That said, not every photo featuring a passerby in the background automatically becomes unlawful. The law reasons in terms of primary subject and proportionality.
When photographing outdoor scenes, it is permissible to publish photographs online that do not include the faces of recognizable individuals, or where recognizable individuals are not the primary subject of the photo.
Photographs of natural and/or urban landscapes where people have been captured only incidentally can generally be published without the consent of those involved.
The practical difference: a photo of the Arena with dozens of indistinct people in the background is not the same as a shot in which a stranger's face is clearly visible. Art. 97 of the Italian Copyright Act does not authorize the publication of photos featuring recognizable faces captured "on the fly" during a public event — it only permits photos whose primary subject is the event itself, with the faces of those present appearing in a secondary role. The main subject of a publishable shot must be the event, not the individual portrayed.
To put it even more plainly: everything depends on the primary subject of the photo and the space given to the other people present in the image.
The tag-and-caption trap
There is one aspect that very few tourists consider, and which can turn a "neutral" photo into a potential violation: the context you add after the shot.
An image can render a person identifiable through context (such as a branded uniform or a sign visible in the background), through association with other data (such as a caption or a social media tag), or through distribution on channels where the person is already known.
A concrete example: you are in Verona for a trade fair (Vinitaly, Host, Fieracavalli), you take a group photo at your stand, and a recognizable competitor appears in the background. If you use that photo to promote your business, the whole situation changes. Using images for commercial purposes always requires the explicit consent of the people depicted.
And consent is not permanent: such consent may be revoked at any time, even after many years, unless a contract assigning image exploitation rights has been signed. If someone asks you to remove a photo you published months ago, they are fully within their rights to do so.
Minors in the background: an absolute rule, zero exceptions
The point where the law leaves no room for interpretation concerns minors. August in Verona means families everywhere: in front of the Arena, queuing at the Casa di Giulietta, sitting on the steps of Castelvecchio. The likelihood of framing a child is extremely high.
Even in public spaces, you cannot publish a photo of a recognizable minor without authorization. The express consent of both parents or legal guardians is required.
The Italian data protection authority (Garante) has intervened on this issue on multiple occasions. With a ruling dated 11 settembre 2025, it sanctioned a public body for the online dissemination of images of minors taken during public events, who remained identifiable despite attempts to partially obscure their faces. Such conduct was found to be in violation of the GDPR due to the absence of a valid legal basis.
The takeaway is unambiguous: publishing on social networks images that allow the identification of minors is prohibited, except where specific legal bases apply. If you spot a recognizable child in your photo, blur the face before posting.
Three practical rules for the tourist-photographer in Verona
- Background vs. subject. If your subject is the Arena or Piazza Bra and the people are blurred or indistinct in the background, you are generally fine. If a face is sharp and occupies a significant portion of the frame, ask for permission or blur it.
- Commercial use = consent, always. Are you using the photo to promote a business, a monetized blog, or a business profile? Any recognizable person requires written authorization, even if they were simply passing through the piazza.
- Minors: blur immediately. Before posting, check every photo that includes children. Blurring a face takes 20 seconds on any mobile editor — the legal consequences of not doing so can be far heavier.
There is no need for excessive worry. All it takes is three extra seconds of attention before hitting "share". Verona in August is stunning — documenting it is entirely legitimate and worthwhile. Doing so with awareness makes it even more so.
Can I photograph the show at the Arena di Verona and post the pictures?
Stage photography during opera performances is generally prohibited or subject to specific restrictions set by the Arena di Verona festival. For photos taken in the outdoor areas and corridors before the show, the general rule applies: incidental background is permissible, recognizable faces in the foreground are not without consent.
What if someone asks me to remove a photo I have already published?
You are obliged to do so. The right to one's own image goes hand in hand with the right to erasure (Art. 17 GDPR). If a person requests the removal of a photo, it must be done promptly. Failing to comply exposes you to civil compensation claims.
Does the same apply to Instagram Stories, which disappear after 24 hours?
Yes. The temporary nature of the publication does not change the legal character of the act: publishing is publishing, even for 24 hours. Consent remains necessary if the person is clearly recognizable.
Are you planning a stay in Verona in August? The apartments at The Verona Stay are located near the Arena and the Teatro Ristori: an ideal position for exploring the historic centre on foot, early in the morning, when the light is at its best and the piazzas are still empty.