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question about privacy rights

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janesmith1234

Junior Member
What is the name of your state (only U.S. law)? Illinois

Hello, I was hoping for some advice. If someone takes a compromising picture of you without your knowledge and consent, and you then find out they have shown other people. What am I able to do?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Illinois

Hello, I was hoping for some advice. If someone takes a compromising picture of you without your knowledge and consent, and you then find out they have shown other people. What am I able to do?
Under what circumstances was this photo taken?
 

janesmith1234

Junior Member
Under what circumstances was this photo taken?
after I had showered getting ready to head out. I know the guy and we were going to have drinks. he took it while I was laying down on my bed checking my phone. I thought he was in the living room. I had no idea he was even near my room.
 

quincy

Senior Member
after I had showered getting ready to head out. I know the guy and we were going to have drinks. he took it while I was laying down on my bed checking my phone. I thought he was in the living room. I had no idea he was even near my room.
Your question was, "What am I able to do?" and you have some options.

The first and simplest option is to tell this fellow that he has illegally invaded your privacy and you want him to immediately stop showing the photo(s) to others and to delete/destroy all photos he has of you naked.

If he does not do this voluntarily upon your request, you can have an attorney demand the same thing of him. If he knows you have contacted an attorney, he might delete/destroy the photos upon receipt of the attorney letter.

If he fails to follow through with either your request or with the demands made in the attorney-letter, you could potentially consider an invasion of privacy/intrusion into seclusion lawsuit. A review of all facts would be needed to decide if this is an option worth the costs of pursuing.

Although most states have long-recognized "intrusion into one's seclusion" as a privacy tort, Illinois only officially recognized it in 2012. The Illinois Supreme Court adopted this privacy intrusion tort in Lawlor v North American Corporation of Illinois, 2012 IL 112530 (Oct. 18, 2012).

The Illinois privacy action is based on the Restatement (Second) of Torts which says: "One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person."

Both compensatory and punitive damages can be awarded.

Good luck.
 

I'mTheFather

Senior Member
Quincy, I agree that, ultimately, a review of the facts by an attorney may be in order.

However, do you think that inviting a fellow into your home, then taking a shower while he's there, would cast a shadow on the intrusion aspect of such a case? (Not judging OP at all, just wondering.)
 

quincy

Senior Member
Quincy, I agree that, ultimately, a review of the facts by an attorney may be in order.

However, do you think that inviting a fellow into your home, then taking a shower while he's there, would cast a shadow on the intrusion aspect of such a case? (Not judging OP at all, just wondering.)
It would not necessarily be a factor. janesmith had a reasonable expectation of privacy after taking a shower and while in the privacy of her bedroom.

This expectation of privacy does not include having naked pictures taken of her and displayed to others. It is no different, really, than a Peeping Tom taking photos through a window.

And, even if janesmith agreed to have naked photos taken by this guy for his own personal enjoyment, if he exceeds the permission granted (to have them for his personal use only) and he shows the photos to others or publishes them online, then he has invaded her privacy.

This is not to say, however, that a suit would be worth pursuing in janesmith's case. I don't know that. But it is certainly an option to consider - and, if the fellow is already showing to others the naked photos he took surreptitiously (signs he is not the most honorable of characters to begin with), there is no reason not to believe he would also post the photos online.
 

janesmith1234

Junior Member
I completely understand how the situation can be misinterpreted. I was not completely nude I was in my towel and apparently there is "no way to identify me", I had no intentions of being that way but he showed up early. I guess I am just really upset that someone can do this and most likely have no repercussions, besides being upset and so disgusted, I just want to make sure he doesn't do this again. thank you very much for all of your help.
 

quincy

Senior Member
I completely understand how the situation can be misinterpreted. I was not completely nude I was in my towel and apparently there is "no way to identify me", I had no intentions of being that way but he showed up early. I guess I am just really upset that someone can do this and most likely have no repercussions, besides being upset and so disgusted, I just want to make sure he doesn't do this again. thank you very much for all of your help.
Ah. The fact that you are unidentifiable and clothed at least in a towel makes it a little bit better for you - although that does not eliminate the fact that this fellow invaded your privacy by surreptitiously taking the photos in the first place.

The intrusion into one's seclusion tort is based on the intrusion itself and does not require a publication element. The fact that this guy took your picture without your knowledge or consent, in a place where you had a reasonable expectation of privacy, is an invasion of privacy on its own.

The following is a link to the Illinois Supreme Court case I mentioned earlier. It describes better what constitutes an intrusion. http://www.state.il.us/court/Opinions/SupremeCourt/2012/112530.pdf

You can review all of the facts with an attorney in your area but, from what you have added, I am not sure it will be financially worthwhile for you to pursue any legal action against the guy - although I can certainly understand why you'd want to.

Good luck.
 

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