As I said, there are exceptions. As there always are with the law. Here they are (in German):
http://www.gesetze-im-internet.de/kunsturhg/__23.htmlYou don’t need permission to publish photos of historical significance. That’s pretty much why newspaper photographers can exist in Germany. All those kinds of photos – if they do not invade some private area of life of the depicted persons – are totally fine.
As I already mentioned, the same is true for photos in which the people are not the main subject – though if some person is easily identifiable you likely do need their permission, even if they are not the center of the attention. This exception is mostly so that someone ten pixels in size or so cannot rain into the photographer’s parade.
Or – and this can apply to street photography – if it serves a higher interest of the arts. I think the general recommendation for street photographers is to make eye contact with who they photograph and check that way whether it’s ok. Also, walking up and talking to who you photographed isn’t super hard. As I already said, photographing without publishing is nearly always ok, so you can shoot first and get permission later. Also, since those depicted actually have to press charges it’s not like the police will bust your exhibition and confiscate your photos. Someone who is on some published photo has to complain. And even then there still is legal wriggle room. The right to privacy is one of the rights defined in the German constitution – but so is the freedom of the arts. If those two collide judges have to weigh them against each other and decide which wins. I guess shots of someone picking their nose in public might might make privacy win, shots of someone drinking coffee in a cafe might make freedom of the arts win. (Also, it’s not like this is a felony. It’s a private law issue.)
Photos of assemblies or demonstrations or similar such events are also ok. Huh, now I’m questioning my statement that the published photo is not covered by one of the exceptions. My interpretation of this was always that this covers all kinds of political events. Being able to publish photos of political events or demonstrations is important for a democracy, that’s the light in which I always saw that exception. However, the actual text of the law is very generic and probably makes reference to all kinds of events, not just political ones. I wonder how the courts interpreted this in the past.
So I guess I can’t say after all whether publishing the photo is ok – not the least of which because the paragraph ends with a sentence that screws up all clearly delineated lines: All those exceptions are null and void if those depicted have a justifiable interest in preventing that. So an exception of an exception.
Now I’m frustrated. And actually want to study law.