Except that the text of the law (in the original post) seems not to differentiate the timing of when the image was created. Posting that decades old “young photo” of someone now infirm would seem to be equally illegal.

Germany has had a law for some time (I forget the name of it) that says, if I take a picture of you in a non-public place, copyright in that photo is born belonging to you, not me. I can have the photo, but I can’t share or upload it without your permission.

This would be an excellent law to have in the US, not only to deal with the problem the New York bill seeks to address (which, to be fair, is likely only an important problem to a few people) but also to put a stop to revenge porn.

And unlike either the New York bill or earlier efforts at outlawing revenge porn, the German law would probably pass constitutional muster in the US, since it does not directly forbid any communication but merely assigns ownership of a copyright (and leaves it to the victim to enforce his rights by suing).

Or was it an effort from Nursing Homes to stop people from taking pictures there? (I’d suspect this, because it’s the only plausible reason that someone would push for it.)