The problem is when people think you're taking a photo of them rather than the scene. That's even more of a problem because some people
are going to be taking photos of particular people rather than that person in context or as part of a scene. If you want to take portraits, ask people to let you do it.
Winogrand's picture. This woman seems to want to punch Garry. Should this photo be so easy to find on the internet? Well, the internet didn't exist when the photo was taken, so that wasn't a concern. Also, at the time, photos like this were worth almost nothing and maybe showed on a few gallery walls. Since then, of course, all that has changed. Anyway, Winogrand himself said that, when he found the person in his photo attractive, he couldn't easily judge if the photo was interesting or if the person in the photo was interesting -- and that, he considered, to be a major problem.
So, he was standing there pointing the camera to take a photo of someone who clearly didn't want to be photographed. Does this photo have any value?
We have no idea who that woman is. Winogrand probably had no idea who she was. Is this a portrait? I'd say it now depicts a time more than just being a photo of a person. The woman is probably still alive and may or may not know this photo exists, probably doesn't recall the photo being taken, may or may not have an opinion on this photo. Should she have the right to say, "I didn't want that photo taken, destroy all copies."?