Legal Question in Personal Injury in New York
unathorized video recording
I have recently discovered video recordings of my boyfriend having sex with past partners, which appears to be hidden and without consent. He sets up the camera before the persons enter the room and turns it off as the exit. I do not have proof of any video of me. I would like to know New York State's law regarding this matter. I have not given any consent to be taped. I have stated I am will not consent to any video recording. We are both adults and engaged in sexual behavior only at his apartment. Am I allowed any right to privacy and need there be exposure of any possible taped to a third party for my right to be violated? Am I able to sue him in order to destroy any recording (hard drive or tape)? Do I have any leverage against him. He does not yet know I have discovered his secret. Is recording a sexual act without the consent of both parties a criminal act in the state and city of new york?
2 Answers from Attorneys
Re: unathorized video recording
Generally, if two people are in private, whether they are talking or having sex, a recording without both people's consent, will be deemed to violate the expectation of privacy that attaches under the US and State Constitutions.
However, until you know that there is a tape of you, and even then, the only things you can do would involve other people seeing the tapes.
You might determine if he is using the tapes of past partners inappropriately, for harassment or blackmail, and if he is, report it to the police.
Re: unathorized video recording
It's natural to be upset under these circumstances, but without any evidence that he has videotaped you, perhaps just breaking up with him along with an explanation of your discovery would suffice.
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