Privacy issuesFurther information: Privacy laws of the United States
Members of the public have virtually no privacy rights when they are in public places. Basically, anyone can be photographed without consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, or inside a private residence. This legal standard applies regardless of the age, sex, or other attributes of the individual.
Photographing private property from within the public domain is legal, with the exception of an area that is generally regarded as private, such as a bedroom, bathroom, or hotel room[38]. In some states, there is no definition of "private," in which case there is a general expectation of privacy. Should the subjects not attempt to conceal their private affairs, their actions immediately become public to a photographer using an average lens or video camera.
Many places have laws prohibiting photographing private areas under a person's clothing without that person's permission. This also applies to any filming of another within a public restroom or locker room. Some jurisdictions have completely banned the use of a camera phone within a restroom or locker room in order to prevent this. It is expected that all 50 states will eventually have laws pertaining to surreptitiously filming a person's genitalia. The United States enacted the Video Voyeurism Prevention Act of 2004 to punish those who intentionally capture an individual's private areas without consent, when the person knew the subject had an expectation of privacy.[40] Additionally, state laws have been passed addressing the issue as well.[41
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