Concord, MA asked in Consumer Law, Criminal Law and Juvenile Law for Massachusetts

Q: At a private business can photos be taken without the consent of the employee's

At a private business in MA, a neighbor who has been harassing the employees continues to come down every weekend to take pictures of minors while they work. She says it is for going after the owner for tax reasons however, the minors have stated to her that they do not consent to being filmed. Is this illegal and if so what is the easiest way to resolve

1 Lawyer Answer
Lissa McKinney
Lissa McKinney
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: There are a few issues here, so the answer rather depends. IF a neighbor can see from her property or a public street and take pictures it is probably legal. If she must trespass to take pictures then it may be a criminal trespass. It also sounds like harassment that may or may not fit the law on criminal harassments in MA or qualify for a G.L ch. 258E protection order. Those are fact specific. The owner should personally or via a lawyer issue a cease and desist letter for the harassment and object to the photographs. A minor's photograph should not be used or published for any reason without parental consent but if they are outside working they are within the public view. It seems harassing and the owner may want to notify the police as well. It can be very intimidating having a total stranger taking your pictures and not knowing where they will end up. Someone that persistent may have mental health issues or present other problems if they have a beef with the owner as well.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.