If someone films you in passing, is there any action that can reasonably be taken, if you did not want to be filmed and they did not ask for permission?
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ohwilleke
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Julius Hamilton
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4This is extremely jurisdiction and situation dependant. – Trish Jan 08 '24 at 22:59
2 Answers
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If someone films you in passing, is there any action that can reasonably be taken, if you did not want to be filmed and they did not ask for permission?
Usually not.
Unless it is done surreptitiously, it is usually legal to film someone without their permission.
The main complicating factor is the "right of publicity" which limits the right to commercially profit from someone's picture without their permission in certain circumstances that vary from one U.S. state to another. California has a strong right of publicity. Some states have weaker ones. Many U.S. states have no legal right of publicity.
Secretly filming someone in a situation that is expected to be private, such as a bathroom or bedroom, is often a crime.
ohwilleke
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Mostly correct, but I don't think there's anything illegal about filiming someone surreptitiously. PIs would be out of business otherwise. – bdb484 Jan 09 '24 at 01:29
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@bdb484 There are many statutes, mostly directed at revenge porn and peeping tom type activities that specifically prohibit it. It isn't alway illegal, but it often is. – ohwilleke Jan 09 '24 at 01:53
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This applies in the US. Content creators have put to the test your question topic and also the US constitution. They found out that many people were not aware they could be filmed without their consent. The short answer to your question is "no", but at least one condition should be met. If you are in a public setting or place (e.g. Post office, government building) and your eyes can see it (as long as there aren't explicit signs that says you cannot film), you cannot do anything. We'll see your cameos on YouTube or Instagram one day. However, if you are in a private business, private house, private beach, military facility, etc, the rules change and you must follow the policies set forth by the governing party of the place.
Full Array
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A local TV news item on the nice weather had a clip of a nearby park with people walking and playing (including my daughter who sent a link). Nobody was asked if they wanted to be on TV... – Jon Custer Jan 09 '24 at 15:10
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@JonCuster that must've been uncomfortable. Assuming you are talking about the US. If it was a public park and there where zero signs that prohibited filming. There's nothing to do. It is a annoying, but it also tells us one thing. The US constitution never predicted photo and video cameras or content creators. In some countries, people are anonymized out of respect and privacy. I believe Japan. – Full Array Jan 10 '24 at 01:29