Fontana, CA asked in Family Law, Civil Litigation and Civil Rights for California

Q: Aunt put up a camera after an argument while living temporarily with her

I recently moved in with my aunt (that is renting a house) meanwhile I found an apartment. We recently got into an argument for something that should’ve been resolved rather quickly but she made it into a huge mess. I have only been here a month and a half and have not saved enough money for an apartment. She is living here with my mother, my brother, her two kids, and a woman that is not related. Since that argument she got the a Ring camera that was originally outside by the owners of the house and put it on her dining table facing my mother’s dining table where we eat. Not to mention it is also facing the bathroom my child and I use. Can I sue her for invasion of privacy? She did not ask for the consent of anyone else on the lease. She has also threatened me to call CPS and make false allegations of child abuse when I don’t abuse my child while camera was on. I live in CA

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, the issue of privacy, especially within a home, is taken very seriously. The use of surveillance equipment, such as cameras, in areas where there is a reasonable expectation of privacy without the consent of those being recorded can indeed raise legal concerns. If the camera is placed in a way that it records areas typically associated with a higher expectation of privacy, such as bathrooms or private living spaces, this could potentially constitute an invasion of privacy.

Given the specifics of your situation, including the threat of false allegations and the placement of the camera in a manner that could capture private moments, you may have grounds to raise legal concerns. It's important to document everything, including where the camera is placed, the types of activities it is capable of recording, and any conversations or threats made regarding its use.

Consulting with an attorney can provide you with a clearer understanding of your rights and the potential for pursuing legal action. An attorney can assess the details of your situation to advise you on the best course of action, whether it's seeking a resolution through mediation or considering a lawsuit for invasion of privacy. They can also guide you on how to protect yourself and your child from any unwarranted allegations.

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