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
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.
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