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-   -   Is it legal to film someone during an interview without their knowedge? (https://www.askmehelpdesk.com/showthread.php?t=598676)

  • Sep 24, 2011, 12:53 PM
    serenecollleen
    Is it legal to film someone during an interview without their knowedge?
    I went to have my daughter tested at a state university yesterday. I was brought into a separate room to be interviewed, of which I was not prepared. After the interview, when sensitive topics had been asked and answered, I learned that the entire interview had been filmed, unbeknownst to me.

    What is the legality of this violation of privacy?
  • Sep 24, 2011, 12:58 PM
    Fr_Chuck
    What state, was there any mention of this in paper work.

    But often the recording or filming of counseling sessions are done. In children it is normally done,

    If it is used merely by the medical staff for the treatment of the child, I don't see a invasion of privacy
  • Sep 24, 2011, 01:11 PM
    Wondergirl
    When I was a psych grad student, we had to get written permission to tape or film any client. For a state university program, you must have somewhere along the line given your consent. Do you remember signing anything?
  • Sep 24, 2011, 01:26 PM
    ScottGem
    Tested for what purpose? Did you sign anything
  • Sep 24, 2011, 02:13 PM
    serenecollleen
    Thank you for your answer. I signed a privacy document about my daughter's records but nothing else. My mother, who was in the room and interviewed as well had signed absolutely nothing. It would not have even been brought up except that at the end of the interview my mother asked if there was anyone present on the other side a mirror/window taking up most of one wall.
  • Sep 24, 2011, 02:18 PM
    serenecollleen
    My daughter was being evaluated in various areas of psychology and neuropsychology. I had not even thought I would be interviewed as well, or my mother, for that matter. It was sensitive content, about the whole life of my child. I do not know what they are going to do with the tape. Am feeling violated and uncomfortable about it, and no, no one mentioned anything at any point about filming.
  • Sep 24, 2011, 02:19 PM
    serenecollleen
    Thank you again. No. I never signed anything about being filmed and the interview was really a surprise in itself. And as I stated in a second response, my mother signed nothing at all.
  • Sep 24, 2011, 02:21 PM
    Wondergirl
    For the school and this program, it's probably business as usual. There must be some disclaimer somewhere in their literature, but I am surprised you weren't specifically asked to agree to filming or taping before this interview.

    Have you questioned your interviewer?
  • Sep 24, 2011, 02:21 PM
    serenecollleen
    The state was Wisconsin. The child was not filmed. This could be used in class, which I feel uncomfortable about. They really did not want to say, they were not forthcoming about who would see the film.
  • Sep 24, 2011, 02:24 PM
    Wondergirl
    We posted at the same time (and you read my mind!).

    Just from my own experience, I would guess (but I might be wrong) that the program will use the film to train counseling or child development students.

    I would try to find out more about what happened. Is there any way you can do that?
  • Sep 24, 2011, 02:52 PM
    ScottGem
    The first thing you need to do is go back and ask what the film will be used for.
  • Sep 25, 2011, 04:40 PM
    excon
    Quote:

    Originally Posted by serenecollleen View Post
    This could be used in class, which I feel uncomfortable about. They really did not want to say, they were not forthcoming about who would see the film.

    Hello serene:

    Regardless of what you signed, nobody wants to be sued. Therefore, I'd send them a certified letter, return receipt requested, wherein you DEMAND that no likeness of yours EVER be available for public consumption. Demand further that every single copy of every likeness they possess be DESTROYED. Tell that they have 72 hours to respond or you will file suit. I'd send my letter to the president of the school, the dean, their lawyer, and the board of directors.

    I'll bet THAT'LL stop it.

    excon
  • Sep 25, 2011, 05:06 PM
    Fr_Chuck
    Of course anyone seeing me for counseling is always recorded, I do it for my protection from any law suit if anyone claims anything improper happened. ** sue crazy world. But in my case of course they are told about it, and the camera is sitting right there in front of us.
  • Sep 25, 2011, 08:58 PM
    serenecollleen
    Thank you all for your helpful advice. I do have a follow up appointment next week and will certainly be utilizing your ideas, including the certified letter to the president's office. It was a shabby experience.
  • Sep 26, 2011, 03:09 AM
    ScottGem
    Good luck and keep us posted.
  • Sep 26, 2011, 06:50 AM
    AK lawyer
    Wisconsin Criminal Code, Chapters 939-951, do not seem to contain a prohibition on recording conversations without the knowledge of the person being recorded. This is surprising; most states have such a provision.

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