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Ketan (Finance Consultant)     03 January 2022

House owner has put my photos online

Hi, My house owner sent someone in the name of routine inspection of the property.

The representative took photos and videos of the house, my belongings and myself in that video

and posted it online on some property selling website without my permission.

What are the cases/damages I can charge against landlord and his representative in this case ?



Learning

 3 Replies

Shashi Dhara   04 January 2022

Issue legal notice and file suit for damage of reputation and defame.

Megha   04 January 2022

Hi,

Taking pictures of someone amounts to breachof privacy and has been a topic of serious discussion in the point and click world we live in. 

 Futhermore, right to privacy has also been declared a fundamental right under article 21.  But as is the case with other fundamental rights, the right to privacy is also not an absolute right.  Artice 19 of the Indian Constitution states provides that one is free to photograph other people for personal use in public places, but publishing a photo in a way that is “embarrassing, mentally traumatic,” or causes “a sense of insecurity about the activities the person in the photograph is involved in” is illegal under  Article 21, which guarantees all citizens the right to life and personal liberty.  

What constituted a breach/ infringement of one's privacy depends upon the reasonable expectation of the person’s privacy (REP).  Location of picture has a direct correlation on the REP; more public a location is, lesser is the REP. 

 landlord taking pictures of the house in a manner which does not invade privacy or is not obscene will not have any legal implications.  However, if such images are being wrongly used, a case for invasion of privacy and harassment may be initiated.

One may also file a complaint with the cyber cell with regards to the same.  

Best regards,
Megha

Sudhir Kumar, Advocate (Advocate)     12 January 2022

Did you meet area SHO.         


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