Abuse Using Technology

The key to figuring out whether it is legal to take a photo or video of someone without their consent is whether the person would have a “reasonable expectation of privacy.” A “reasonable expectation of privacy” generally exists if someone is in a place where an “average person” would expect to not be seen or spied on.¹ If there is a reasonable expectation of privacy, then taking the photo or video without consent may likely be illegal. For example, if you are in a public place, such as a beach or a park, you may not have a reasonable expectation of privacy. If you are in your bedroom or a public restroom stall, you generally would reasonably expect privacy.

Many states have specific voyeurism or surveillance laws that could apply to taking a video or photo of someone without his/her permission. You can check your state’s Crimes page to look for any laws related to photos or videos.

¹ See Katz v. United States, 389 U.S. 347 (1967)