Q: Can a random person legally film me with hidden cameras while shopping inside a retail store in the mall?
I was inside a retail store at the mall when a random person bumped into me, I thought it was an accident so I went about my business shopping with my girlfriend. Afterwards, this individual decided to yell comments at my girlfriend asking if she wanted a boyfriend, after I told him that I was the boyfriend he continued, obviously looking to rile me up and get me to batter him. I didn’t and we kept moving, after a couple days, I saw that the whole interaction was recorded, using secret Ray Ban glasses and posted all over social media where it has went viral. I am wondering if I have any options in this scenario
or since retail stores in malls are public property I have no recourse? Thank you for your time.
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- California
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- Answered
A:
You have the right to be concerned about being recorded without your consent. California’s privacy laws primarily focus on audio recording and whether you had a reasonable expectation of privacy. A busy store may not guarantee complete privacy, but covert filming by a random person can pose legal concerns.
You can look into whether the act violated store policies or your right to control how your image is used. You might also consider if the footage is harming your reputation through harassment or defamation. In that case, you may have grounds to seek legal remedies.
You will want to collect any evidence, including copies of the video and related social media posts. You could reach out to an attorney to discuss possible next steps, such as issuing a demand or filing a claim. You might also inform the store’s management and ask them to preserve any security footage that captured the incident.
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