Can a security guard take a photo of you without your permission?

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Can a security guard take a photo of you without your permission?

Asked on January 6, 2016 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no rigtht to privacy in a situation such as this. As long as your photo is not used for purposes of commercial gain (i.e. used in an ad, etc.), then a security guard or anyone can take your photograph, with or without your permission.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, any person can take a picture or photograph of you without your permission in any context. They cannot use the photo for their commercial gain, but can use it for other purposes--and in this case, a security guard can use it as part of doing his/her job.


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