We have remained friends but now we're both in relationships and I have asked him nicely to erase the photos and he has refused. Do I have any way to legally force him to erase these photos? He hasn't shared them anywhere (that I'm aware of), but I am not comfortable with the fact that he has kept them for two years, especially after he assured me they were gone.
I'm not aware of any way to force one to erase pictures you voluntarily sent. Legally, I suppose, the pictures became a gift and therefore his property. And even if a court ordered him to erase them, how do you know that he didn't copy them to another computer. As long as the pictures of you were taken when you were an adult there is nothing illegal about his having the pictures. If you were a minor then he is committing a criminal offense by possessing the pictures. Otherwise, I suspect your best bet is to remain friends and hope he never distributes the pictures. Perhaps another attorney will have advise that is more helpful than mine.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
I agree with Mr. Sauer. I do not see any legal steps you can take to have him erase the pictures. Mr. Sauer's analysis is on point (as usual) regarding the issues presented. Stay friends with the individual and hope nothing gets divulged/leaked. Best of luck to you.
This opinion does not establish an attorney-client relationship, should not be relied upon as legal advice, and does not compel responsive follow-up answers. You are cautioned to contact a local attorney in your area who is duly licensed and is in good standing with the local state Bar for legal advice.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline