Q: Can a property security guard take your picture w/o consent, w/ no signs posted stating action, with a personal device?
My vehicle was towed off a property of which I was a patron (lunch). The security guard stated they saw me leave the property and had me towed, and that they have pictures. I can provide the proof I was a customer eating at this property, but my main concern is if the security guard is taking pictures of me without consent - nor a sign posted on property that your image could be taken - isn’t that a violation of privacy? I understand it’s public property, but a personal device? It seems inappropriate, especially if they’re claiming I left property. additionally, what gaurantee do I have that this image is removed? Is this picture a violation, given the circumstances? Any vehicle codes or privacy laws I should site that can help me?
A:
In California, there's generally no expectation of privacy when one is in a public place or a location where they can be readily seen, such as a parking lot. Therefore, the act of taking a photograph in such a setting does not typically violate any privacy laws.
However, how the photograph is used could raise concerns. If the security guard uses the image for an improper purpose, there might be grounds for a complaint or legal action. For your vehicle being towed, you can refer to California Vehicle Code § 22658, which sets forth requirements for the removal of vehicles from private property. If you can prove you were a patron on the property, you might have a basis to challenge the towing.
As for the security guard using a personal device, while it may be deemed unprofessional, it's not inherently illegal. To ensure the image's removal, you would need to make a request, but there is no guarantee without some legal intervention or agreement.
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