If someone has videotapes of my children and I swimming without my permission, what are my rights?

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If someone has videotapes of my children and I swimming without my permission, what are my rights?

My parents have an easement where they have a dock. The owner of the house next to the dock does not like that we swim there she has video tape us several times and harassed us while swimming. My parents have alredy been to court over this issue with the last home owner of the house I do not like that she has video tapes of my small children swimming I feel violated every time I go to the lake and do not want my small children interview as to wondering if she will be video taping that day or not. Is there anything I can do to at least get the video tapes back from her?

Asked on August 15, 2012 under Personal Injury, Michigan

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

Unfortunately, when people are in an open and public area, such as the easement and dock you describe, there is no legal "expectation of privacy" meaning others are free to photograph and video tape you and your children and unless those tapes are being used in an illegal manner, you do not have recourse to get them back.  If the neighbor is trying to use the tapes to build a case for possible litigation, she has the right to do so when you are in an open and public area.  This is an unfortunate situation.  You state your parents have already been to court for this issue with a previous neighbor.  I am assuming since your parents continue to use the dock and easement, the previous court found in your parent's favor.  If that is the case, you are legally entitled to use the dock and easement.  Your remedy might be to seek an injunction against harassment or protective order to stop the neighbor from her continued harassment of you and your children while you are doing something you are legally entitled to do.  Good luck to you.  


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