Full question:
Does the following fall under the invasion of the privacy law? What kind of charges can we take against the party? Could you please provide detailed explainaton and the back-up law against this: Hotel takes pictures of a untidy guest room when the guest is out and send the pictures to the guest's employer.
- Category: Civil Rights
- Subcategory: Privacy
- Date:
- State: New York
Answer:
I am prohibited from giving a legal opinion. The answer will depend on all the facts and circumstances involved. For example, if the employer was responsible for paying the bill, an innkeeper might legally send pictures to verify charges for damages to the room. An employer may also be held accountable for wrongful actions of employees that are done during the scope of employment, under the doctrine of vicarious liability.
Generally, under common law, if a guest isn't not engaging in illegal acts or disturbing other guests, the guest has a limited right of privacy in the room. But if the hotel management suspects illegal activities (such as dealing drugs), it is entitled to enter and search the guest's room, even without their permission. The hotel management cannot, however, authorize the police to search a guest's room without their permission or a search warrant.
The innkeeper also has the right to enter your room to clean or perform needed maintenance, or if necessary, or to prevent disturbances to guests or destruction of hotel property.
However, NY courts have held that there is no common law right to privacy and that it is solely governed by statutes.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
