Knoxville Invasion of Privacy Lawyer

YOU’VE BEEN VIDEO AND AUDIO RECORDED WITHOUT YOUR CONSENT? NOW WHAT?

Technology to video and audio record people secretly used to be the stuff of private eyes and spy shops, but today that type of technology is cheap and readily available. However, just because someone can record your private conversations or interactions doesn’t mean they can break the law. There are legal protections available in many cases that protect others from recording and sharing video and audio made of you without your knowledge.

The attorneys at Barnes Law understand how to protect your privacy and seek the deletion and/or destruction of any videos that were taken within the sanctity of your or someone else’s home when you engaged in activities or communications that you believed were private. These types of cases generally arise in the event of “nanny cameras” and often come up in family law cases.

If you recently found out that you were recorded within a private residence without your knowledge and consent by a hidden video and audio recording device, we’re here to help. We can work to get any such videos deleted and potentially help you receive financial compensation for any damages that you have suffered if other individuals have seen anything embarrassing on the videos.

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Anti-wiretapping:

To start, if someone intentionally intercepted your oral communications, they likely violated federal and state law that can lead to criminal and civil liability. On the criminal side, it is up to a prosecutor at the district attorney’s office to decide to pursue criminal action depending on the severity of the violation. However, we can help you deal with the civil and personal consequences of that person’s actions.

The first thing you must show in making this type of claim is that you had an “expectation of privacy” when you were being secretly recorded. We can help you determine that by asking specific questions about where you were, what was being recorded, and why you believed that your conversation or actions were private. You must be able to prove that any reasonable person would expect privacy in that situation.

Significantly, both the federal and state anti-wiretapping laws provide for $10,000.00 in damages per occurrence and also entitled you to punitive damages, to punish the defendant’s wrongdoing, as well as attorneys’ fees.

However, in many of these types of cases, clients are more concerned with making sure the recording is deleted or destroyed. To do that you can seek injunctive relief, basically a court order to have the recording destroyed. While the case is pending you can seek a temporary order, called a preliminary injunction, to keep the recording from being shared until you get a final ruling. In order to get a temporary injunction, you would have to show the court you would suffer “irreparable harm” or significant injury.

Invasion of Privacy:

In addition to the federal wiretapping laws, most states have laws against invading someone else’s privacy. A general claim for that invasion is called “intrusion upon seclusion.” To win on that claim you would have to show that someone, without your consent and against your will, has grossly and intentionally intruded upon your private affairs in violation of your protected rights of privacy. That privacy right is protected by the United States Constitution, the Tennessee Constitution, and the laws of most states.

Just like the wiretapping statute, you have to prove you had a reasonable expectation of privacy in the conversations that you had. A jury could decide what damages you are entitled to under this state law claim because of the defendant’s actions in violating your fundamental and constitutional right to privacy. However, damages are usually difficult to quantify so it is important that you think about all of the ways that your life has been adversely affected by the invasion of your privacy.

Another potential claim is the intentional infliction of emotional distress. A claim for intentional infliction of emotional distress requires that the defendant’s conduct was intentional and malicious and done purposely to humiliate you or cause you severe emotional distress.

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DIVORCE AND CHILD CUSTODY CASES AND INVASION OF PRIVACY

Invasion of privacy is becoming more common in the area of family law as soon to be ex-spouses use new technology to try to dig up dirt or otherwise gain an upper hand in family court. The way the family law case proceeds will have very specific and significant impacts on your privacy claim and vice versa. As such, if you expect private facts to soon become public record through depositions, it is imperative that you seek representation to ensure that those facts remain private.

NEXT STEPS

It is important that you seek legal advice as early as possible after finding out that private video footage of you exists. This gives you the best chance to work to avoid the video footage getting published online or in any other way. However, you still have options if the hurtful video or audio has already been published.

If other individuals have already found out about the video footage because the defendant disseminated or shared the video either online or showed it to a large group of people, you will still have a claim for damages and to have the video removed or no longer shared.

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In short, if your privacy rights have been violated, the attorneys at Barnes Law would be happy to speak with you about how we can help and work to prevent further violations by another individual maintaining videos of you without your consent and help decide if you qualify for monetary damages.

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Client Testimonials

"John is amazing not only did he get the outcome he promised he did it in a shorter time than he originally said. He went above and beyond in returning my emails and phone calls. John and staff truly cared about me as a person. I highly recommend John Barnes."

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"I would highly recommend Mr. Barnes to everyone & I would definitely contact Mr. Barnes if I or anyone in my family should ever need an attorney again:) They were all very professional, friendly & treated our case with importance:) Mr.Barnes got my son’s DUI dropped to reckless driving so I would definitely recommend him to everyone!!!!!!!"

Alicia U.

"Mr. Barnes and his staff are amazing. I can’t imagine anyone doing a better job with my case. At no point in the long process was I disappointed in any way with how things were handled."

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