Here's the question I received. "Say you're in a subway car, someone catches your eye across the car, then what?" I love that. The answer: it depends.
First off I usually play a different game in the subway but that's not important. The location is a good one because I have actually met people in the subway and asked to photograph them. I wasn't interested in shooting them in the car or the platform but in a more formal setting. I was struck by them and asked to make their portrait. (It's why I have my business cards). Unfortunetly, a good number of them simply failed to follow up and it never happened. C'est la vie.
I once saw and spoke with the most amazingly pimped-out dude with a pin-striped suit, top hat, cane, the works and he was game to be shot. He called me back and then disappeared. I'll never forget him. It was the 6 train going downtown. I got off at Union Square, he stayed on. One thing's for sure, New York subways provide.
That said, I have made more surreptitious images in subways but only because the context and the ballet of the moment were more important than the individual. Asking them would have ruined the shot. Those images aren't portraits, they are traditional street photography and the rules are different.
Decide what is important to you. Know your intent and act accordingly. Don't be shy and if confronted making a discreet image, explain yourself. If your intentions are reasoned and true, people will get it. I have often made pictures of folks without them knowing and showed them afterwards. It is usually greeted with a smile of understanding and appreciation. If you are interested in making a portrait right then and there, you simply have to ask. Smiling helps. Nowadays, with a simple promise of emailing them a copy, you're pretty much golden in terms of ethical issues and being fair.
FYI, the image I used to illustrate this post was made without the subject's knowledge and I didn't ask or show him my images. He was hammered and therefore, fair game.
Take pictures.
