[jaawn]

Yes, it is. I can observe innocent tourists and citizens taking photos and avoid them if I want to. The key part you missed was "without my knowledge." I'm not going to obsess over being in the background of the occasional tourist photo, but if I want to avoid it, I can by simply observing the obvious camera and avoiding it. I could even discuss it with them if I really cared for some reason, and possibly have them delete a photo of me.

I am aware of tourist photos and photos by friends. It is reasonable to expect that I'll be in occasional photographs where I am not the subject. I know that. It is reasonable to expect that I won't be the subject of photos without my knowledge or included in detailed photographic records just because I went to a public place. Detailed imagery of your whereabouts and activities should never be expected and should only be legal with a warrant.