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 2 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.


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