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Can I sue someone for taking a picture of me without my permission?

San Jose, CA |

So I work at a liquor store and I was taking out some CDs that we sale and then I hear the guy that sales things at the liquor store taking a picture. So I Turn he has his phone pointing at me. And I said what are you doing and he started laughing and told me to take picture take picture and I said I don't want to.. And then I called my dad and he talked to him and he denied it. My dad asked for the manager to see the cameras and we are now waiting for the manager to come from India.

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Attorney answers 3

Best Answer

If you were in a public place without any expectation of privacy, then he can take your picture. If he uses your picture in an advertisement or something like that without your permission, then you could probably sue. But there is generally nothing wrong with someone taking your picture when you are in a place that can be considered public. A liquor store is most likely considered public.


Mr. Spirtos is correct. You would have not invasion of privacy claim if the picture was taken of you when you were in a location where you had not expectation of privacy. If he were to post the picture somewhere with untrue statements associated with it, you might have a claim. If used the picture for a commercial purpose, like selling your picture, or using your likeness to create good will or public support for him, then there may well be violation of your privacy rights related to your right to your name and likeness.

Good luck to you.

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You were in a public place. You had no real expectation of privacy. You can sue, but for naught. If he were to use the photo in an improper fashion, perhaps.