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Legal Issues

by Mike Masnick

Filed Under:
camera phones, liability


McDonald's Not Dismissed From Nude Photo Case... But It Can Sue Its Own Employee Too

from the everybody-pile-on-now dept

Last month, we wrote about McDonald's attempt to get dismissed from a lawsuit involving a McDonald's employee who is accused of uploading naked photos found on a phone that was left at the fast food joint. Apparently, the company hasn't been dismissed from the lawsuit, but Michael Scott points out that the court has said that McDonald's can sue the employee in question over the matter for any damages. The court appears to have said that because a McDonald's employee promised to safeguard the phone, it became the company's responsibility -- but the fact that the employee was then negligent allows McDonald's to separately sue the employee for any damages.

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  1. identicon
    Anonymous Coward, 7 Jul 2009 @ 1:56pm

    Re: Ok, this is stupid

    OK, this comment is stupid.

    Yes, there is a sense of responsibility when you leave your phone somewhere. However, the content on that phone is still your personal property.

    Someone who takes the phone (supposedly to hang onto it), and then goes through all your personal items, and then uploads them to the internet for all to see IS a violation of your privacy.

    Your theory is like saying; Hey man, if you leave your wallet on the table at McDonalds and I find it, and I put all your information online, or use it to sign up for fake credit cards, or sell it to fraudsters, it's YOUR fault - after all, you forgot your wallet on the table. Don't want anyone to steal your information or make a fool of you? Well don't carry a wallet around. Better yet, don't shop online either, because if the site you buy from gets hacked then it's your fault for putting your credit card info out there.

    Come on, get real. Digital or not, your privacy rights don't stop because you forget your phone when you're out to lunch. Someone violating those rights SHOULD be held responsible, especially when its an employee of the place you just did business with.

    Now should the person be able to sue McDonalds? I don't think so... Just the person responsible - but that is for the justice system to decide.

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