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Does a person within their own home have any right to privacy if they do not take steps to prevent people in the street outside from seeing into their home.

2006-06-05 23:21:09 · 11 answers · asked by EL Cerebro 1 in Politics & Government Law & Ethics

11 answers

There is something called the "plain view doctrine". If it's in plain view, then it's free for all. You cannot claim the right to privacy if you place the object in such a situation wherein it can be accessed by anyone.

2006-06-05 23:28:11 · answer #1 · answered by Trillian 6 · 6 3

This is what i would say if i had a client come to me with this issue?

A; How exactly are going to enforce it your article 8 claim?

If you have contributed to the infringement yourself, you may get £1 damages (nominal). Wake up in the real world, privacy you cannot enforce against the world at large. Simple draw your curtains then you get privacy.

If some one was trying to look through the curtains then may be you could get an injunction and invoke Article 8 even then it would only be suitable for a public authority interference.

Bottom line; what i would say to any one; either make me rich or get smart and resolve instead of creating problems, there are more important things to do.

2006-06-06 11:24:10 · answer #2 · answered by logicalawyer 3 · 0 0

With your curtains open, you are framed as if you are on a stage. It is human nature to look if someone is giving a show. If you are leaving your curtains open, then you are inviting the outside world into your living room.

If your curtains are closed, yes, you have the right to privacy. Anyone trying to see, or peak, in would be breaking the law, and would be considered a Peeping Tom.

The entire reason for curtains, or blinds, is to let the outside world know that this is your private life, and they are NOT invited to participate. Keep them closed if you want privacy, and open if you want an audience.

2006-06-05 23:31:42 · answer #3 · answered by Lorrie 4 · 1 0

A person does not have a right to privacy in the home if the curtains are open and what is seen is “in plain view.” What is in plain view is considered not to be private and is a simple defense to invasion of privacy torts and intrusion into seclusion claims.

There are two main elements of intrusion into seclusion; there must be an intrusion (usually physical) into a private place, conversation, or matter; and must be highly offensive to a reasonable person.

An example of intrusion into seclusion can be seen in Galella v. Onassis, 487 F.2d 986 (2d Cir. 1973) in which a photographer had continued surveillance of Ms.Onassis and persistently harassed her to the point of stalking by taking photographs.

Therefore, simply looking into a house where the blinds are open is not considered intrusion unless there is physical trespassing and the means are highly offensive to the average person.

2006-06-06 15:20:34 · answer #4 · answered by Kai 1 · 0 0

no really since you are in the home and if people can see through then it is your duty to close the curtains or us a better screen so people cannot see in

2006-06-05 23:25:18 · answer #5 · answered by pj 3 · 0 0

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2016-10-15 09:27:03 · answer #6 · answered by Anonymous · 0 0

YES!!
you could have sex in your front living room with no thing in the window and if anyone looked in you could call the police and call them a pervert.
its your home and every family has the right to a private life.
its all in the human rights act.

2006-06-05 23:26:06 · answer #7 · answered by Anonymous · 0 1

Yes they do. BUT so has the person walking past...

So if something indecent is occurring the person INSIDE the house it at fault.

2006-06-05 23:25:19 · answer #8 · answered by Mr_Moonlight 4 · 0 0

Passers by are allowed to glance in but not allowed to stop and gawp.

2006-06-05 23:34:11 · answer #9 · answered by monkeymanelvis 7 · 0 0

of course. looking into someones house is called voyeurism (peeping), its illegal. again, im bummed by how stupid people are. most think its ok to look into a house if the shades are open. its not, its rude.

2006-06-05 23:40:44 · answer #10 · answered by Anonymous · 0 1

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