When NOT To Take A Photo – Violating Someone’s Expectation of Privacy

Generally, photographers may take photos of others when in public. But sometimes, even when the person is in a public area, you violate the person’s privacy when taking his photo because the person has a “reasonable expectation of privacy.” See my September 18, 2008, blog for more information.

Salon.com has a good article on the issues related to taking lewd photos of others in public, particularly women, when they may have an expectation of privacy. Commonly called “upskirting” or “downblousing,” legal entities have had difficulty prosecuting such activities.

Now, however, many states and congress have passed laws making it a crime to take non-consensual photographic or video recordings of persons in a state of undress or nudity in locations where the individual has a reasonable expectation of privacy. The National Center for Victims of Crime has a list of such laws.

So while you can still look, you can’t touch (the shutter button).

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!

Leave a Reply