Can my neighbor take pictures of me while I’m on my back deck?

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Can my neighbor take pictures of me while I’m on my back deck?

I live in a townhouse and my neighbor went on her second floor balcony and started taking pictures of me on my back deck. She has to lean around to do it but is still on her side. We live right beside eachother. Can she legally do this without my consent? Is she invading my privacy?

Asked on June 26, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country when one is outside in public he or she has no justifiable expactation of privacy. If you are outside of your rental on your deck in plain view of your neighbor, he or she can take your photograph legally and there is no invasion of your privacy. However, if this neighbor drilled a hole through the common wall of your units and took your picture without your consent that would be an invasion of your privacy.


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