Sioux Falls, SD asked in Civil Rights and Libel & Slander for South Dakota

Q: What rights do children have in regards to privacy of a crime and against libel?

My 10 year old was present when the city park was vandalized. It was caught on the city cameras and reported to the police. We were never notified but a city worker took the surveillance videos with my child in it and showed it to other town members at the local bar. A family member heard about it and contacted me.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In the United States, children have certain rights to privacy, especially when it comes to their involvement in crimes or legal matters. Here are some key points:

1. Confidentiality: Juvenile court records are generally kept confidential to protect the child's privacy and future opportunities. This confidentiality extends to law enforcement records related to the child.

2. Media restrictions: In most states, there are laws that restrict the media from publishing the names or photographs of minors involved in crimes, whether as victims, witnesses, or alleged perpetrators.

3. Libel and defamation: Children have the same rights as adults when it comes to protection against libel and defamation. If false statements are made about a child's involvement in a crime, and these statements harm the child's reputation, there may be grounds for a libel or defamation lawsuit.

In your specific case, the city worker's actions of showing the surveillance video to others at a local bar could be a violation of your child's privacy rights. The video should have been kept confidential and only shared with relevant authorities for the purpose of the investigation.

You may want to consider the following steps:

1. Contact the police or the city's legal department to report the incident and express your concerns about the breach of your child's privacy.

2. Consult with a lawyer who specializes in privacy law or civil rights to discuss your options and potential legal recourse.

3. If the incident has caused harm to your child's reputation or emotional well-being, consider seeking support from a mental health professional.

Remember, protecting your child's privacy and well-being should be a top priority, and there are legal avenues available to address situations where those rights have been violated.

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