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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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I own a business in Texas I have a neighboring business has

Customer Question

I own a business in Texas I have a neighboring business has set up a camera and is taking pics of my business and my employees,as well as my family .We are a construction company and now it has me very nervous .I don not know why?Is this illegal it is not security cameras.They are just watching us
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is the camera directed toward public areas or some private areas of your property as well?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

private fenced in ,back of our yard

Expert:  Tina replied 1 year ago.
Hello again, Ann.

That would be concerning if it is not a security camera, and I can certainly understand why you might be nervous about the presence of the camera.

An owner of private property typically have the right to refuse permission to record their property. However, where the property is viewable by the public, recording or taking photographs is normally not prohibited.

A solution chosen by many land and business owners is to install fences to prohibit the public viewing of the property and making permission necessary to view the property.

If the area is a business premises open to the public though, then the camera would not typically constitute a violation of any law.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

no its all fenced in with chain link fence the back that he is taking pictures is only viewable from inside our gate or his back yard he has it pointing only toward our building from his property pointing at our not for security for his

Expert:  Tina replied 1 year ago.
Hello again, Ann.

A chain link fence would normally not be enough to obstruct the view from outside your property. It is important to obstruct the view of the public before it could be considered a private area. The US Supreme Court has ruled that there is no expectation of privacy except in private areas, such as an area which is not viewable by the public. In that case, the camera would typically be an intrusion on your property.
Tina, Lawyer
Category: Legal
Satisfied Customers: 32613
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 9 other Legal Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Ann, I wanted to provide you with a link which summarizes the law on this issue. Here it is for your review:

http://www.aclupa.org/issues/freespeech/kyrwhentakingphotosandmaki.htm

 

You may wish to approach the business owner to see what their motives are and request that they not record your private property. Many individuals would comply with such a reasonable request since they should have nothing to gain by recording your publicly viewable property.

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Tina
Tina
Lawyer
32613 Satisfied Customers
JD, BBA Over 25 years legal and business experience.