What to do if I was videotaped without permission?

I had a situation where I was sharing a space for massage in a high raise building with another person who was also on the lease. This person installed hidden camera in the office against my wishes where in the office I do not know but there was an incident that proved that the storage area was being monitored by video camera. I informed the building manager that I had not agreed to hidden video camera being placed in the office and I had no access to the video camera. There was no signs placed in the office to notify our clients that they were being video filmed. Have the rights of my client and myself been violated?

Asked on March 5, 2013 under Personal Injury, Colorado


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You and your clients could sue the party who installed the hidden camera for invasion of privacy.  Invasion of privacy is a serious interference with one's right to be let alone and protected from unwarranted and undesired intrusions.  Damages (the amount of compensation) in a lawsuit for invasion of privacy would include mental distress, harm to business or social interests and if applicable, physical illness.  Punitive damages (a substantial amount to punish the defendant) may be awarded for defendant's wrongful motive.

Although you didn't know about the hidden camera, you may be liable to your clients based on negligence (failure to exercise due care to prevent foreseeable harm).  If your clients obtain a judgment against you, you could seek to recover it in your lawsuit for invasion of privacy against the person with whom you shared the facility, who installed the hidden camera. 

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