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If someone takes a picture of you and posts it on Facebook without your permission, is that technically an invasion of privacy?
Imagine you're at a party and someone posts a photo of you drinking or making a rude gesture. Or what's also pretty common, imagine you and your ex break up, but your ex refuses to remove embarrassing photos of the two of you.
Photos shared on social media can simply be a nuisance. But in some cases, they could lead to a lawsuit that the photo-sharer definitely won't "like."
So can you sue for invasion of privacy over a Facebook photo? In general, there are four ways to claim invasion of privacy in a lawsuit:
If one of these claims applies to your situation, you may indeed have a case. But you may want to try a few other tactics before you sue.
If you haven't done so already, consider asking the other party to remove the photo. As for asking the website to do it, that can get tricky: Unless the photo involves a gross violation of the law (like child pornography), site administrators may not see an urgent need to take it down.
That's when it may be time to pursue legal action against the person who posted the photo, or the website, or both. Will it be worth the fight? That depends on the facts and circumstances of your case. And only your lawyer can answer that question for you.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.