Legal Question in Civil Rights Law in California
minor's rights
My 14 yr. old daughter (9th grade) was with a group of kids near a local middle school but not on campus. A middle school parent passing by took a photo of my kid holding a cigarette. That parent gave it to a teacher, who forwarded the pic to my kid's school. They put it in her file and won't give it to us. Has my child's rights been violated?
1 Answer from Attorneys
Re: minor's rights
What right of your daughter's do you feel was violated? The right to give herself cancer? I'm not aware that the original photographer did anything wrong by taking a picture of your daughter while both she and the photographer were in public. I'm not aware that either the photog or the teacher violated her privacy rights by disseminating a photo of her smoking a cigarette in a public place. I suppose if you feel you need to have a copy of the picture, you can write a letter requesting it, and in my opinion they would be legally required to give you a copy under the California Public Records Act or whatever section of the Education Code gives you, as a parent, the right of access to school records.
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