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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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We dated for a while and during that time we texted each other

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We dated for a while and during that time we texted each other pictures of ourselves. We also took pictures of each other. There were videos as well. Many of the pictures have faces in them, but some of them do not. Is there a difference if the pictures are identifiable/

We broke up a little bit ago and I am worried that she will post the pictures and videos online. I know there is not a copyright issue because she took some of the pictures and has permission to have the others.

Would there be any other cause of action- invasion of privacy, IIED, etc? is there anything I can do so she can't post them and if not is there anything I can do if she does post them? I live in Arizona, she does in Texas and we lived together in Oklahoma.

She is also an attorney, if there is no legal cause of action, can I report her to the state bar? If this is not a legal violation it sure seems like an ethical violation.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

As long as, the photos were taken either with consent of the party shown on the photo or in a public place which does not have expectation of privacy and the photos are posted online or in some other form without any intent to blackmail or extort money or anything else of material value from the person who is on the photo, such postings / publishing of the photos would not constitute a crime or violation of Bar ethics and I am afraid there generally would not be any legal recourse against the person who lawfully has the photos.

I am sorry to provide you with this unwelcome answer, but the law is clear on similar situations and I do have professional obligation to provide customers with correct information, even when the information is not favorable to the customer under the law.

I wish you the best of luck!
Customer: replied 3 years ago.

That is actually what I expected. So a lot of these sites have a description section, is there any cause of action there for public disclosure of a private fact. I know there would be if the statement was false. Example: if she had an abortion or something incredibly private like that and I put it on there would there be liability? Or if a girl said something similar about a man. I can't think of anything as private as the woman's example.


I am worried about this because I know she will make a post with details and I am worried one of my friends will get the pictures of her from my computer and seek revenge. She had an abortion and told me it was her choice alone, I tried to stop it and couldn't. We were engaged and needless to say my friends hate her. I am worried they will post the pictures and say she had an abortion and tell the whole story. So you are telling me she can say whatever she wants and my friends could as well or potentially I could say she had that done and I wouldn't be in trouble criminally or civilly. I have no intention to post anything I am just curious as to the liability.


Thank you for your follow up.

I cannot tell you what you should or should not do, but generally any information that is true and not privileged can be freely shared among people, without any fear of legal retribution.

I wish you the best of luck!
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