Legal Question in Civil Rights Law in California

Video Taping without one's permission/consent

HI. I really need to know the answer to this question. In the state of California, is it Illegal to videotape someone's private life, without that person's knowledge or consent? If it is illegal, do I have a case? Thank you very much.


Asked on 1/21/02, 2:38 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Video Taping without one's permission/consent

Thanks for your question (actually questions). The answer, like much of law, depends on the facts. It is legal to tape someone in a public place where privacy is not expected. It is not generally legal to use someone's likeness for profit or promotion purposes. If there was a reasonable expectation of privacy, then the videotaping may be illegal, and depending on whether or not there was sound, might also violate the wiretapping laws.

You also asked "do I have a case?" Well, without further facts, that is nearly impossible to state. Also, meeting the requirements of the law for a case does not mean that you have damages worth your time in suing. All of that depends on the facts of an individual situation.

If you need assistance or want more information, please feel free to call my office at 1-877-568-2977 (toll free) or email me back. I'm happy to help in any way that I can.

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Answered on 1/21/02, 5:24 pm


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