About Abuse

Abuse Using Technology

View all
November 17, 2017

Is taking a video or photograph of another person illegal?

Generally, whether taking video or a photograph of another person without his/her consent or knowledge is legal or illegal may depend on whether the subject of the video or photograph had a reasonable expectation of privacy in the place where video or photograph was taken. A “reasonable expectation of privacy” generally exists if you are in a place where an average person would expect to not be seen or spied on.1 For example, if you are in a public place, you may not have a reasonable expectation of privacy, but if you are in your bedroom or a public restroom stall you generally would.

1 See Katz v. United States, 389 U.S. 347 (1967) (noting that “what a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”)

WomensLaw serves and supports all survivors, no matter their sex or gender.