Wednesday, January 07, 2009

A person disrobed in front of another still has a reasonable expectation of privacy

According to Yahoo! News, a Wisconsin court has held that a person who is voluntarily naked in front of others still has a reasonable expecation not to be videotaped. (See: Wis. court: Nude people still have privacy rights - Yahoo! News.) Unusual case but makes sense to me.

Via Photo Attorney.

Added: I've read the decision and have a bit more information (enough to make me change the title of this blog-post to be a bit more clear.

In this case, the defendant was charged with violating a Wisconsin law that criminalizes recording someone in the nude when they have a reasonable expectation of privacy. The complainant was voluntarily disrobed in front of her then-boyfriend, who had hidden a camera under some laundry. He argued that she had no expecation of privacy as she knew he was able to see her disrobed. The court took a much more context-specific reading of what is a reasonable expecation of privacy.

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