Do you have any idea WHY this photographer is taking your picture?
Private parties cannot generally restrict photographers from taking pictures in most public places. Large malls are usually considered public places (even though they are private property) and there is, therefore, little expectation of privacy in a mall. While the mall owners themselves can place restrictions on photographers, you cannot.
Photographers taking photos for personal purposes are the least restricted. However, there are a few avenues you can explore.
Virginia's Stalking statute addresses those cases where there is a reasonable fear of death, criminal sexual assault or bodily injury - so the photographer does not seem to be guilty of stalking under this statute. Under the Virginia Harassment statute, there must be a threat of death or bodily injury resulting from the harassment, so his behavior is not really harassment, either. Even if the photographer was using audio with his camera, it does not violate Virginia's law, as Virginia is a "one-party" state, where only one person needs to be aware of recording a conversation to which he is party.
With invasion of privacy laws, again, you run into problems because you are in a "public" place - and annoyance alone will not be enough to consider the photographer's behavior an intentional infliction of emotional distress (the distress of which must be SEVERE in order to apply).
Your best recourse, if the mall security will not address the problem photographer to your satisfaction, is to report the photographer's conduct to the police. Furtive or persistent behavior, extreme behavior, photos taken over objections, could potentially be covered under disorderly conduct or loitering ordinances. And I would continue to complain to the mall security and then to the owners of the mall - who may not want a photographer disturbing customers. If they find the photographer is causing problems they may finally take care of the matter for you.
