THIS is a major difference between me and my siblings and their kids. They way-overshare, I way-undershare.
Whenever they post a photo/video of me, they think they’re doing me (and the world) a favor.
When you said “niece”, I knew that she probably has NO idea you’re upset. “Why WOULDN’T you want someone documenting every move you make? And this video shows you in a good light, what’s the big deal?”
Talk to her, or her folks. Niece’ll roll her eyes and wonder What The Deal Is, but MAYBE she’ll think twice next time (I keep hoping…)
Hey, we’re trying to help. Sure, there’s been some snark, but look at all the responses where someone has taken the time to look the legal issues up.
I was doing that when you mentioned “niece”, so I abandoned the “take her to court” angle, and gave you advice from someone who’s had nieces post pics.
Yes - just because a state requires either one-party or all-party consent to recording phone calls or private conversations doesn’t mean that consent is required in places where there is no expectation of privacy. I live in a one-party state - that means I can’t place a recording device in my boss’s office to record her conversations with my coworkers without someone’s consent. But that doesn’t necessarily mean that have violated the law if I’m recording at the park and pick up a conversation that I’m not involved in but which is taking place close enough for me to overhear it (and for my phone to record it). Otherwise, people often couldn’t record themselves in public places
I’m not on ANY social media at all and never have been. I’m pretty sure there isn’t a picture of me anywhere on the internet even in a group. My avatar here isn’t the back of MY head-- it’s the head of the daughter of a friend of mine, taken about 25 years ago with a real camera. (I loved that color back when I colored my hair and saved the picture to show to my hairdresser.)
Do we know how old this niece is? I might’ve missed it. If she’s an adolescent or even in her early 20s, that would affect how she is approached about this. She might have thought it’s no big deal to post this, but she’s obviously wrong.
Yeah, I’m with those who suggest gently but firmly request that she remove the video.
I believe a lot of people misunderstand this law. The law only pertains to conversation where privacy is expected (like two people talking on a phone). It doesn’t apply to random people on a public street where there is no expectation of privacy.
I suspect it is the audio part of all this that has the best chance at being improper legally speaking, depending on what state the OP is in. The images should be fine, so long as they are not being used commercially.
If you are talking to someone you know, standing close to you, I think there’s a reasonable expectation of privacy unless there are other people crowding around you.
But sueing your niece seems like a lose-lose proposition. I’m sure she doesn’t have much money. Leveraging the existing relationship to get her to take it down seems like a better bet.
She is 53. She is in marketing and brand management and other shit of that ilk. We are in a bad state about her stay here, during which she has behaved like an entitled brat rather than a responsible adult who is a guest in someone’s house, this caused mostly because she has spent hours every day on calls about her work. Here we thought she was here to see us, but fun fact, no. She is here on a self-invited 9-day stay to get free wi-fi, room and board for a few days, rather than returning to her home in another state. Why she made this decision is a mystery to both of us. We had words this morning about this state of affairs, and since then she has been packing, but she has not spoken to us yet about her plans. Unfortunately, this obviates any possibility of a polite conversation about this online material that I object to. Nevertheless, I will get to it at some point. I have no plans to take any legal action, I was really only curious if I could make a viable threat, if necessary, along those lines.
Her plans all along for this material were to make some kind of presentation about the non-profit I volunteer for, using me as a subject because I’m what she had, in order to solicit donations. I suspect the real reason is so that she could point to this production and claim that she was paid for it, as a way of padding her resume. I emphasize again that she did not speak to me about any of this intent in advance, her manner in going with me was as if she was interested in learning how I do my volunteer work. She was not interested in that.
I’m in a bad mood already, and I have no patience for recreational boot-stomping. But thank you for your input.
Here I was picturing an extremely young niece, practically in pigtails. This is less excusable, and more infuriating. If you’re correct about her motivations – and I’d guess the same – it’s a very shitty and icky thing to do. You have my sympathy.
Holy crap, @Roderick_Femm , you have my sympathies. What a self-entitled brat! I was with @Briny_Deep and thinking she had pig tails and freckles and braces on her teeth.
Good luck, I hope this ends acceptably well for you.
Most people who are interviewed are aware of that fact, on account of (1), they KNOW there’s a camera/mic pointed at them; (2), they are face-to-face with the person; and (3), there’s a whole bunch of questions. It does not sound like any of those were true in this instance.
I don’t think OP “wanted this answer anyway”. He already said he just wanted to know if he could threaten her with legal action, not that he intended taking any.
As for me I had some sympathy with the notion of a generation gap with regard to social media but when I found out the age of the woman I lost all that sympathy. She’s a rude menace and I’m sorry she’s in your family, OP.
