If someone films you in passing, is there any action that can reasonably be taken, if you did not want to be filmed and they did not ask for permission?
2 Answers
If someone films you in passing, is there any action that can reasonably be taken, if you did not want to be filmed and they did not ask for permission?
Usually not.
Unless it is done surreptitiously, it is usually legal to film someone without their permission.
The main complicating factor is the "right of publicity" which limits the right to commercially profit from someone's picture without their permission in certain circumstances that vary from one U.S. state to another. California has a strong right of publicity. Some states have weaker ones. Many U.S. states have no legal right of publicity.
Secretly filming someone in a situation that is expected to be private, such as a bathroom or bedroom, is often a crime.
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This applies in the US. Content creators have put to the test your question topic and also the US constitution. They found out that many people were not aware they could be filmed without their consent. The short answer to your question is "no", but at least one condition should be met. If you are in a public setting or place (e.g. Post office, government building) and your eyes can see it (as long as there aren't explicit signs that says you cannot film), you cannot do anything. We'll see your cameos on YouTube or Instagram one day. However, if you are in a private business, private house, private beach, military facility, etc, the rules change and you must follow the policies set forth by the governing party of the place.
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