Can a teacher

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Can a teacher

I was in the office of the junior high school the other day signing my daughter out for a doctor appointment. I recognised a teacher I had in high school, who was a creep then he sat next to me as I waited and we were talking. He was holding his phone at a weird angle and was taking my picture as I sat there and walked

away. It really gave me the creeps. Is there anything I can do?

Asked on February 13, 2019 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, he can, so long as it was not an "up the skirt" or similarly salicious photograph. The law lets a person photograph anyone they want so long as the person taking the photograph is allowed to be there. They can't use the photograph for criminal (e.g. blackmail) purposes, for their own economic benefit (e.g. to advertise their services on a website, as if you were a happy customer) without your consent, and if they use it to defame you (as part of a post of negative untrue facts about you), you could sue them, but otherwise yes, the teacher could do this.
However, even though not illegal, it may be a breach of school or district rules or of a teache's professional standards; you wish to report this to the district, since it made you uncomfortable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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