Can Someone Take My Photo Without Permission?

These days, everyone is a photographer. It is easier than ever to whip out a smartphone from a purse or pocket to snap a picture of whatever a person wants to document. Whether it is close up or from a distance, a photo can quickly capture and preserve a moment in time, for better or worse.

All this picture-taking leads many people to wonder about their right to privacy and when picture-taking crosses the line into a violation of privacy.

'My Neighbor Took My Picture'

Let's say one day you are out in your yard gardening and minding your own business when you see your neighbor taking your picture from their upstairs window. Surely, you feel as though your privacy has been violated. But has your neighbor actually broken the law? Probably not.

If the neighbor taking the photo was on their own property, where they had a right to be, and if you were outside in public view, the neighbor likely didn't violate any privacy laws by snapping your photo.

This comes as a shock to many, especially because a photo can be taken from a long ways away, and perhaps without the subject's permission or knowledge.

When Does Taking a Photo Violate Privacy Rights?

In general, whether picture-taking violates the photo subject's privacy rights depends on that person's reasonable expectation of privacy, or REP, where the photo was taken. The more public a place is, the less REP a person has. For example, your REP at a park or on the street is very limited.

On the other hand, you can reasonably expect privacy when you are inside your own home or another private place. In some instances, you have a REP while inside of a public place, such as in a bathroom at a park.

Consider the example above with the neighbor. Your REP might change depending on whether you were in your front yard or backyard when your neighbor snapped the photo. For example, if your backyard is enclosed by a fence, you may have a claim that there is a higher REP than in the front yard.

It is generally permissible for people to take photographs at any public place or any private place that they own or rent. Being present on someone else's private property generally requires the property owner's consent to take photos.

With that said, if the photographer is taking photos for a purpose that violates the law — such as to harass or stalk — that's another story.

Enforcing Your Privacy Rights

Enforcing an action for a violation of privacy can be complex. If you believe that your privacy rights have been violated, contact a personal injury attorney located near you who can help determine what recourse you may have.