In the US, photos & video taken in public places are owned by the photographer the moment he "fixes the image" (takes the photo). However, in this case, if the photographer takes embarassing photos that go beyond "an individual's reasonable expectation of privacy" then that person can face a civil suit as well face criminal charges.
Some people must know what they're doing because these sites sell and stay alive:
CandidBob
CandidRio
Valis