Student Sues School For Privacy Invasion After School Found Nude Photos On Her Phone

from the the-case-that-keeps-on-giving dept

You may recall the news story from last year about some teenaged girls in Pennsylvania who were being threatened with child porn charges, after taking "nude and semi-nude" photos of themselves on a mobile phone during a party, and sending them to others. The judge halted the potential lawsuit, noting that the nude photos didn't appear to depict any sexual acts (as per the law), but the local prosecutor still wanted to file charges. As more and more details came out, the whole thing got increasingly ridiculous. Apparently, the girls in question were given a choice to either take a "re-education" class, or face charges.

And now, reader Pickle Monger points out that one of the girls, along with the ACLU, is suing the school district itself, claiming that it violated the girl's privacy. Apparently, the way the school found out about the photos was that it had confiscated her mobile phone, after she was caught making a phone call on school grounds, against school rules. There's no problem with confiscating the phone, of course, but then the school searched through the phone and found those photos. It's the search that the ACLU and the student are questioning. The school had no reason to search through the phone, or to look at the photos stored on the phone after it had confiscated it.
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Filed Under: mobile phones, privacy, schools

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  1. identicon
    CJ, 24 May 2010 @ 2:17pm


    In order to try and return it we tried to look through the numbers on that phone to see if we can perhaps call someone who knew the owner. Is that an invasion of privacy? What are the legal dynamics of that?

    Did you also look through the phone's private photos and send them to other people? I think there's a huge difference between looking through a phone's contact list to try to report it missing and going through personal photos or text messages no doubt looking for something salacious or punishable. There's also more to the suit than just the principal's actions, apparently there are multiple copies of the photos floating around after it was sent to the police and its labs and the detective who was put in charge of the case when the principal decided to send the photos to the police told the girl that she should have waited a couple months until she was 18 and sold the photos to Playboy and winked at ther as well as some other pervy and beyond inappropriate things.

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