YALT: is it illegal to take photo of someone without their permission?

[Omegachi]

I need help guys, i need to file a compliant on my neighbor.

So I was washing my car downstairs in the parking area of my 7 story apartment. While I was doing that, my GF was sitting on the side petting a stray cat that frequents the property. When I was about finished with the car wash, my neighbor (nobody likes this old man because he is kinda crazy) came up to me, asked for my permission to speak to me. I told him okay and he started to talk to me about laws about stray cats and a bunch of mumbo jumbo. Basically, he just wanted to get rid of the cats.

Then, he told me he took a picture of my GF in the parking area petting the cat from his unit. I got upset, told him a bunch of stuff and ended the conversation right there.

I want to file a complaint to the property manager (they are not in since its the weekend) and possibility call the police about this if this is a violation of some type of privacy law. I looked all over online and i couldn't find anything about this, so I need some help. So please, help me find the law that saids this is illegal, if there is one. I live in Hawaii BTW.

Thanks!

PS. my neighbor is nuts, others in the building has filed TRO against him. I am kind of afraid for my gf's safety.

 

[Jumpem]

It's not at all illegal. You have no expectation of privacy in a public place.

 

[coxmaster]

Was she in a public place when he took her picture?

Also. Pics of GF?

 

[guyver01]

http://planetkauai.blogspot.com/2010/07/public-photography-laws-photographing.html

Legally, it's pretty much always okay to take photos in a public place as long as you're not physically interfering with traffic or police operations. As Bert Krages, an attorney who specializes in photography-related legal problems and wrote Legal Handbook for Photographers, says, 'The general rule is that if something is in a public place, you're entitled to photograph it.'


If she was out in a public area.. and it sounds like she was... then he's perfectly within his legal right to photograph her.

 

[mmntech]

If the picture was taken on public property and the subject was of the age of majority, it's legal. There sre a few exceptions but that's the generzl rule.

Since this incident occurred on private property, he has no right. A common area in an privately owned housing complex is still considered private property. I wouldn't get the cops involved for one photo but I'd definitely complain to the landlord. If he's harassing other tenants, they're in their power to evict him if he refuses to stop.

 

[goog40]

Even if you're inside your home but have the windows open, I don't think there's any expectation of privacy.

 

[Omegachi]

is it still legal if she was uncomfortable about him taking the photo?

 

[guyver01]

is it still legal if she was uncomfortable about him taking the photo?

i'm uncomfortable with you posting on this forum... if you dont stop... i'll sue for violating my comfortability.

is that legal?


LMAO!

since when do feelings enter into legality.

 

[GodlessAstronomer]

is it still legal if she was uncomfortable about him taking the photo?

Is there a law against making someone uncomfortable?

 

[goog40]

is it still legal if she was uncomfortable about him taking the photo?

Please refer to this thread:
http://forums.anandtech.com/showthread.php?t=2101647

Is this your neighbor?

 

[preslove]

is it still legal if she was uncomfortable about him taking the photo?

Your posting about your gf without providing naked pics of her makes me EXTREMELY uncomfortable. That's illegal. Better post some soon or I'm calling cyberpolice!

 

[Newbian]

Needs more pics of said pussy... and while you are at it some pictures of your gf also.

 

[Omegachi]

okay. i got it clarified with my lawyer friend.

she said it is legal for him to take the photo, but it is illegal for him to use it. (i.e., to file a complaint about the stray cat).

 

[lupi]

is it still legal if she was uncomfortable about him taking the photo?

thread going epic in 3......2.....1....

 

[Flipped Gazelle]

okay. i got it clarified with my lawyer friend.

she said it is legal for him to take the photo, but it is illegal for him to use it. (i.e., to file a complaint about the stray cat).

You might want your "lawyer friend" to clarify this. It is perfectly legal for your neighbor to use this photo as evidence that your g/f is encouraging the stray cat population or whatever. Your neighbor cannot use the photo to make money, advertise for a business, etc.

 

[guyver01]

okay. i got it clarified with my lawyer friend.

she said it is legal for him to take the photo, but it is illegal for him to use it. (i.e., to file a complaint about the stray cat).

Your "lawyer friend" .. or some internet website?

i'd highly suspect that the photo could be admissable as evidence if anything went to trial. Ever hear of surveillance photos?

 

[Freshgeardude]

ttiwwp (of gf)

 

[DrPizza]

He can't use the photo for commercial purposes. (without her signature.) However, he can certainly use the photo to demonstrate that she was petting a cat.

Seriously, use some common sense. "The bank didn't have the right to photograph me while I was robbing it. Therefore those photos are inadmissible."

Or, at the beach: "Wait! I can't take the picture yet. There are still people behind you!" Or, at a football stadium: "We'll just wait until everyone else leaves. That way, I can get a picture of you at the stadium." Or, at a school play. "Damn it! He didn't have a solo on stage. I wanted a picture of junior, but there were other people on the stage and I didn't want to get arrested."

 

[KaOTiK]

If it was illegal to take photos of people without their permission the paparazzi wouldn't exist. Seriously, you really thought it was illegal.....

 

[guyver01]

Seriously, you really thought it was illegal.....

well he does live in hawaii...

and you know what they say about hawaiians.

 

[Paladin3]

If the picture was taken on public property and the subject was of the age of majority, it's legal. There sre a few exceptions but that's the generzl rule.

Since this incident occurred on private property, he has no right. A common area in an privately owned housing complex is still considered private property. I wouldn't get the cops involved for one photo but I'd definitely complain to the landlord. If he's harassing other tenants, they're in their power to evict him if he refuses to stop.

Sorry, as your signature states this info is wrong. There is no minimum age requirement and the subject does not have to be in a public place. The law is "reasonable expectation of privacy." Standing in the common area does not give you a reasonable expectation of privacy from your neighbors. Another way to think about it is if someone can see you without violating your privacy, then they can photography you and use it editorially. It's considered a form of free speech.

Even if you are inside of your home, if the drapes are open and the window can be seen from the street, I can photography you standing at the window. Or if you answer the front door of your home, I can stand in the street and take your photo.

Now if I use a long telephoto lens to shoot a photo of you through a small crack in the curtains or something similar, then that is generally violating your reasonable expectation of privacy.

 

[Newbian]

Now if I use a long telephoto lens to shoot a photo of you through a small crack in the curtains or something similar, then that is generally violating your reasonable expectation of privacy.

Dude...don't tell him about that crack.

Where else are we going to get our free porn?

 

[FelixDeCat]

You have to be very careful in Texas to be a single man with a digital camera. We have a law called improper photography which is a state jail felony and will cause you be considered a sex offender. If an officer spots you with a camera taking pictures he has a right to inspect the media for "improper" images.

If this incident happened in Texas, he could have called the cops and said the picture was taken without permission. If the officer viewed the photograph and determined the nature of picture was sexual, its game over.

NOW, I think this law is complete hogwash because these determinations are very subjective. But many have been successfully prosecuted.


--
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to:
(i) invade the privacy of the other person; or
(ii) arouse or gratify the sexual desire of any person; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

 

[Scouzer]

it is illegal in canada.

 

[BoomerD]

One of my neighbors down the street is in a running battle with the guy who lives next door to them. He has a video camera mounted on his house, fairly high, and it points over their fence and into their hot tub.
Cops won't do anything about it...so they illegally built their fence higher...and he called the building permit/code department...who ordered them to take down the taller fence.
They've applied for relief on the fence issue, but the last I heard, they've lost time and time again...
He also has a spot light in his back yard that points into the houses behind him...and he has a video camera that covers that area as well...
The neighbor is loony as can be...no one on the street likes or talks to him anymore.