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+--- Thread: Is it illegal to keep a video/picture if the subject asks you to delete it? (/thread-48723.html)
Is it illegal to keep a video/picture if the subject asks you to delete it? - Monster - 12-06-2012 01:54 AM
I'm just wondering because this mean chick names Hannah has a picture of my friends Janie, and Janie asked Hannah to delete the picture and she refused. Is it illegal? Or is there any way we can make her delete the pic? She is threatening to put it online and Janie really hates the picture. (She's not doing anything bad or dirty. She just doesn't like the way she looks in it)
We didn't give her the picture. She took it on her phone and then showed us that she had it.
- Katy M - 12-06-2012 02:02 AM
Once you give somebody something (including a picture), it is theirs to do with as they please.
- lawmomof3 - 12-06-2012 02:02 AM
Janie needs to grow up and get over herself.
Hannah owns the picture. Hannah can do whatever she likes with that picture. She does not need Janie's permission or agreement. Hannah can post the picture online. Hannah can put the picture on a billboard. It is her property. Janie has no ability to control what Hannah does with it - but my sense is that Hannah wouldn't be threatening to post the picture if she didn't know how much Janie hates it.
- Yeti - 12-06-2012 02:02 AM
There can be some variables, such as if the image was legally obtained in the first place. The exact location where it was taken can impact things, for example, and is different than if someone is simply out in public. There can also be issues as to if there was a reasonable expectation of privacy when the picture was taken -- you can't go around snapping pictures of people picking their nose in public when they think no one is watching, for example. Anyway, the picture may or may not have been legally taken.
There are then issues that come up with how the image is used. And putting it online if Janie finds the image harmful can indeed be illegal. If posted online some place like Facebook, Janie would be able to immediately file a removal request with Facebook and have it taken down.
Anyway, Hannah might technically be able to keep the picture if it was legally obtained in the first place. But what she does with it beyond herself as an individual is a whole other ballgame, and especially if posted online to intentionally harass Janie or something comparable, it's going to be illegal.
For now, I'd mainly stop giving Hannah the reaction, since she probably wouldn't even post it online other than the fact she knows Janie doesn't like it.
- punyContender363 - 12-06-2012 02:02 AM
'She took it on her phone" In a public situation, I assume? If so, you have absolutely no control over it. It belongs to her.
- Chris H - 12-06-2012 02:02 AM
Depends on where the the picture was taken and if Janie knew the photo was being taken. If Janie had a reasonable expectation of privacy at the time and Hannah managed to get a pic without her knowledge, then yes, Janie may have some leverage. Her ability to pursue action is rather weak, however.