Genuine question; is a train a public or private space? I have no idea
A train is both private property and a public space.
A public space is a space to which members of the public have access, either generally or upon payment of a fee.
It is not generally illegal to take photographs in a public space, as long as they are not indecent etc. In particular, it is not generally illegal to take photographs of a minor without parental consent. Might get you punched in the nose though...
I suppose I don't get the difference between it and a shopping centre, both are "public" but the latter is called out as a "private space" in the linked article above
An example of each:
- Public property that is a public space: A council-owned park
- Public property that is a private space: A government agency's head office
- Private property that is a public space: A theme park
- Private property that is a private space: My house
It's also possible for a space to change between public and private. For example, after closing time, the theme park becomes a private space, or the government agency might hold an event that people can come to.
Agreed, and the owner of the land has the right to set restrictions on whether or not someone on their land is allowed to take photos.
But breach of those restrictions does not create a breach of the law, or any other consequence besides perhaps the photographer being escorted off the land.
As for staff members taking photographs of passengers for reasons not connected with their work duties, that may render them liable to disciplinary consequences.