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so if I take a picture of my wife on vacation in germany with someone in the background I'm breaking the law?



Not necessarily, as there are other exceptions to this rule. A person can also be "Beiwerk" [1] (= accessory/props) which in the context of personality rights means that you are not the main focus point of the picture.

[1] https://de.wikipedia.org/wiki/Beiwerk


There are clear exceptions for people who happen to be in the picture.




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