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Video taping w/o knowledge

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truetexan

Junior Member
Is it illegal to video tape my husband and his girlfriend in his office treatment room without his knowing? He is a chiropractor. She is married also. The only time he ever closes the door is when he is "treating" her. She is always fully clothed. Could I get sued for video taping them hugging and kissing?
 


Ohiogal

Queen Bee
Is it illegal to video tape my husband and his girlfriend in his office treatment room without his knowing? He is a chiropractor. She is married also. The only time he ever closes the door is when he is "treating" her. She is always fully clothed. Could I get sued for video taping them hugging and kissing?
Yep. Because quite frankly you have NO RIGHT to tape people in private without their knowledge. What is the point? Divorce him and move on.
 

mommyof4

Senior Member
Actually, I'm pretty sure it is NOT illegal in TX. (I am making the assumption that OP is in TX based on the name). I'm on my phone right now, so a little difficult to link the relevant laws.

The question does remain.....OP what do you think you will gain? You already have strong suspicions. What do you plan on doing with any proof that your suspicions are correct?
 

>Charlotte<

Lurker
If mommyof4 is correct and covert videotaping is not illegal, I have my own question.

Is the fact that the subject is receiving health care a game-changer? HIPAA? If OG is correct, my question is moot.

And yes, OP, I understand your accusation is that she's not really receiving chiropractic treatment, but that's beside the point.
 

Zigner

Senior Member, Non-Attorney
If the people involved are in any state of undress, then it's illegal. In Texas.
 

mommyof4

Senior Member
If mommyof4 is correct and covert videotaping is not illegal, I have my own question.

Is the fact that the subject is receiving health care a game-changer? HIPAA? If OG is correct, my question is moot.

And yes, OP, I understand your accusation is that she's not really receiving chiropractic treatment, but that's beside the point.
It seems a patient can secretly record in a treatment room, but I'm going to have to pull out my computer to try to find more in depth info.

Even if it IS legal for OP to record the parties, she can do nothing with the recording. It is illegal to use any secret recording for the propose of a lawsuit and she could face a $10,000 fine for each violation. That is why I ask what she plans on doing with the recording.
 

Ohiogal

Queen Bee
It seems a patient can secretly record in a treatment room, but I'm going to have to pull out my computer to try to find more in depth info.

Even if it IS legal for OP to record the parties, she can do nothing with the recording. It is illegal to use any secret recording for the propose of a lawsuit and she could face a $10,000 fine for each violation. That is why I ask what she plans on doing with the recording.
She is NOT a patient. She would be secretly videotaping a doctor with his patient. But she would not be the patient.
 

mommyof4

Senior Member
If he's treating her, she is. Unless being an employee precludes being a patient.
I think OG meant the OP is not the patient.

To make it clear, if the secretary is a patient, no the ' appointment' can not be recorded by the OP. If the secretary is not being treated by the doctor in a medical manner and they are just hooking up when the opportunity (ahem) arises, technically recording is not illegal, but there is nothing she can do with the recording for legal means.

Of course, good luck proving that the occasions are not medical appointments.
 

Zigner

Senior Member, Non-Attorney
... they are just hooking up when the opportunity (ahem) arises, technically recording is not illegal...
If they are in any state of "undress", then the recording would be illegal as an invasion of privacy.
 

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