Can I Sue Someone for Taking a Video of Me?

In the digital age, privacy concerns have taken center stage. With the widespread use of smartphones and social media, people are often recorded in public and private settings without their consent. 

But can you take legal action if someone records a video of you without permission? 

The answer depends on several factors, including where the recording took place, how the video is used, and the applicable laws in your jurisdiction.

If you have questions about your specific situation, you can contact Morgan & Morgan, America’s largest personal injury law firm, for a free case evaluation to learn more about your legal options.

Your Right to Privacy

The right to privacy is a fundamental legal principle that protects individuals from unwarranted intrusion into their personal lives. 

However, this right is not absolute. Laws governing video recording vary by state and are influenced by several legal doctrines, including privacy laws, wiretapping statutes, and defamation laws.

In general, the legality of recording someone without their consent depends on whether they had a "reasonable expectation of privacy." Courts often consider factors such as:

• Location: Was the recording taken in a public or private place?
• Consent: Did the person being recorded give permission?
• Purpose: Was the video used for personal use, commercial gain, or malicious intent?
• Harm: Did the recording result in emotional distress, reputational harm, or financial losses?

Public vs. Private Settings

Public Places

If you are in a public place, such as a park, street, or shopping mall, you generally do not have a reasonable expectation of privacy. In most cases, recording someone in these areas is legal. This is why news outlets, tourists, and bystanders can film people in public without breaking the law. However, there are exceptions:

• Harassment or Stalking: Recording someone excessively or in a manner that causes distress may violate harassment or stalking laws.
• Commercial Use: If someone uses your likeness for commercial purposes (such as advertising) without your permission, you may have grounds for a lawsuit under the right of publicity laws.

Private Places

In private settings, such as a home, restroom, dressing room, or hotel room, individuals have a higher expectation of privacy. Recording someone in these places without consent is often illegal and could result in criminal charges, such as invasion of privacy, voyeurism, or wiretapping violations.

Laws That Protect You Against Unauthorized Recording

Invasion of Privacy

Many states recognize invasion of privacy as a civil offense. If someone records you in a private setting without your permission, you may be able to sue them for:

• Intrusion upon seclusion: Filming someone in a private place without their consent.
• Publication of private facts: Sharing private information that is not of public concern.

Wiretapping and Eavesdropping Laws

Most states have laws governing audio and video recordings. Some states require one-party consent, meaning only one person involved in the conversation needs to agree to the recording. Others require all-party consent, meaning everyone involved must agree. However, the Federal Wiretap Act prohibits the secret recording of individuals without their consent if the part conducting the recording is not also a present part of the conversation.

If a person records you without your consent in a manner that is against state or federal law, you may have legal recourse.

Defamation and False Light Claims

If someone records you and manipulates the footage to present false information that damages your reputation, you may have grounds for a defamation lawsuit. Similarly, if a video portrays you in a misleading or offensive manner, you might be able to sue for "false light" invasion of privacy.

Right of Publicity

Some states have right of publicity laws that prevent individuals from using your image or likeness for commercial gain without your consent. If someone profits from a video of you without permission, you may be able to file a lawsuit.

Revenge Porn Laws

Many states have enacted laws against non-consensual pornography (revenge porn) to prevent individuals from sharing explicit videos without consent. If someone distributes a private video of you without permission, you may have both civil and criminal legal remedies.

When You Can Sue Someone for Recording You

While laws vary by state, there are specific circumstances where recording someone without their consent can lead to legal consequences. Below are the most common scenarios where you may be able to sue:

If You Had a Reasonable Expectation of Privacy

A key legal principle in video recording cases is whether you had a "reasonable expectation of privacy" when the video was taken. Courts generally consider places like bathrooms, bedrooms, hotel rooms, locker rooms, and private offices as locations where you have such an expectation.

If someone records you in a private setting without your consent, you may have grounds to sue them for invasion of privacy. Many states have specific laws prohibiting the recording of people in these private spaces.

Example: If a coworker secretly records you in a bathroom stall at work, you could sue them for violating your privacy rights.

If the Recording Was Illegal Under Wiretapping Laws

Some states have strict wiretapping and eavesdropping laws that extend to video recordings. These laws often apply to audio and video recordings that capture conversations without consent.

There are two types of consent laws:

• One-party consent states: Only one person in the conversation (which could be the recorder) needs to give consent.
• Two-party (or all-party) consent states: Every participant in the conversation must agree to be recorded.

If a video includes audio of a private conversation and was recorded in a two-party consent state without your approval, you may be able to sue for unlawful recording.

Example: If someone secretly records a private conversation with you in California (a two-party consent state) without your permission, you could take legal action.

If the Video Is Used for Harassment or Defamation

Even if a recording was legally taken, you may still have legal recourse if the video is later used to harass, defame, or damage your reputation.

Harassment: If someone records you and shares the footage to intentionally cause emotional distress, humiliation, or harm, they may be violating harassment laws.

Defamation: If a video is edited, taken out of context, or shared with false statements that harm your reputation, you may have grounds for a defamation lawsuit.

Example: If an ex-partner records you in a compromising position and shares the video online to embarrass you, you may be able to sue for harassment or invasion of privacy.

If the Recording Violates Revenge Porn Laws

Most states have strict revenge porn laws that make it illegal to share explicit images or videos of someone without their consent. If someone records you in a private, intimate moment and distributes the footage without your approval, you may have strong legal grounds to sue them.

Example: If a former partner uploads a private video of you to a website without your permission, they could face criminal and civil penalties.

If the Recording Violates Workplace or School Policies

Many workplaces and schools have policies against recording individuals without consent. If an unauthorized recording occurs in these settings, you may have legal options under employment or education laws.

Example: If a coworker records a private HR meeting without permission, you could report them for violating company policies and potentially sue for damages.

When You Cannot Sue Someone for Recording You

While there are situations where recording someone is illegal, there are also many instances where it is legally permissible. Here are some common examples where you may not have a valid lawsuit:

If You Were in a Public Place

Generally, there is no expectation of privacy in public places. This means people can legally record you in parks, streets, restaurants, and other public settings without your permission.

Example: If someone records you walking down the street, you likely cannot sue them.

If the Recording Was for News or Public Interest

Journalists and media organizations are often allowed to record events that are considered newsworthy or in the public interest. Even if you don’t consent to being recorded, you may not have a legal claim if the footage is used for legitimate reporting.

Example: If a news crew records you in a public protest, you likely cannot sue them.

If You Gave Consent

If you knowingly agreed to be recorded—whether by verbal consent, signing a waiver, or participating in a public event—you likely cannot sue the person who recorded you.

Example: If you attend a reality TV show filming and sign a release form, you cannot later sue for being recorded.

What to Do If Someone Records You Without Consent

Discovering that someone has recorded you without your permission can be unsettling and, in some cases, legally problematic. Depending on the circumstances, you may have options to stop the distribution of the video, hold the person accountable, or seek damages.

If you believe your rights have been violated, here are the steps you can take:

1. Determine If the Recording Was Legal or Illegal

Before taking action, it is important to understand whether the recording was actually illegal. Use the guidelines listed above or consult an attorney on your state’s specific laws to determine the legality of the practice.

2. Request That the Video Be Deleted or Removed

If someone has recorded you without permission, the first step is to ask them to delete it. If the video has been posted online, you can report it to the platform where it was shared. Many websites and social media platforms have policies against non-consensual recordings and may remove the content upon request.

If the person refuses to delete the video, document your request and their response. This may be useful if you decide to take legal action.

3. Gather Evidence

If you believe the recording was illegal or harmful, start collecting evidence to support your case. This may include:

• Screenshots or links to the video, if it has been posted online
• Messages, emails, or other communications related to the recording
• Witness statements from people who saw the recording take place
• Any relevant state or federal laws that apply to your situation

The more evidence you gather, the stronger your case will be if you decide to take legal action.

4. Contact Morgan & Morgan

If the recording violates privacy laws, wiretapping laws, or defamation laws, you may have grounds for legal action. A lawyer can help you understand your rights and determine the best course of action.

Legal options may include:

• Filing a lawsuit for invasion of privacy
• Filing a harassment or defamation claim 
• Pursuing criminal charges

5. Report the Incident to Authorities

If the recording involves criminal behavior, such as illegal surveillance, wiretapping, or the distribution of explicit content without consent, you may need to report it to law enforcement. Many states have laws that allow victims of non-consensual recordings to seek legal protection or press charges against the offender.

When reporting the incident, provide as much evidence as possible, including details about when and where the recording took place and how it is being used.

Want to Know More? Contact Morgan & Morgan

While not every unauthorized recording is illegal, there are clear circumstances where filming someone without consent can result in legal consequences. If you believe your privacy has been violated, Morgan & Morgan can help. 

Our experienced attorneys specialize in privacy laws, can review your specific case, and can guide you through your legal options. Contact us today for a free case evaluation and protect your rights.