Can publishing photos of people who are unaware that they are being taken can hold legal binding in court? If so how and under what statutes?

Publishing photos of people who are unaware that they are being taken can potentially have legal implications, but it may vary depending on jurisdiction and circumstances. To understand the specific legal consequences, it's advisable to consult with a lawyer familiar with the laws in your jurisdiction.

That being said, in many jurisdictions, there are laws related to privacy, consent, and unauthorized use of an individual's image. One common principle is the "right to privacy," which generally protects individuals from unreasonable intrusion into their private life. Taking photos of someone without their consent in a private setting could potentially infringe upon their right to privacy.

In some cases, laws may also address the publication or distribution of these photos without consent. For example, defamation laws or privacy laws may prohibit the publication of false or offensive information about a person. It's important to determine the specific laws in your jurisdiction, as they can vary.

In the United States, for instance, specific laws related to unauthorized use of an individual's image known as "right of publicity" statutes exist in some states. These laws generally protect the commercial value of a person's identity, preventing others from using their image for commercial purposes without consent.

To get a comprehensive understanding of the legal consequences, consult with a legal professional who can provide guidance specific to your situation and jurisdiction.