The law is on our side

Although privacy law varies on a state-by-state basis, it all boils down to the central idea of a reasonable expectation of privacy, according to Nadeem Schwen, a privacy attorney and co-chair of the International Association of Privacy Professionals.

“Privacy, especially when we’re talking about film and recording or voice, is founded in a lot of different legal protections. But it comes down to thematically: what is the reasonable expectation that a particular person has any given situation or location. Do you have a reasonable expectation of privacy?” Schwen said. “Generally, when you’re out walking about outside in public, you do not have a reasonable expectation of privacy, and so you can typically be recorded or photographed by anyone.”

Gage said she expects a certain level of privacy in places like Airbnb rentals and hotel rooms, which makes the invasion in Spain much more alarming.

“Just the thought that you’re there and you know it’s someone else’s property, but you still expect a certain amount of privacy. Especially in a place where you’re paying money to be there,” Gage said. “You want a little bit of a safe, secure feeling.”

Schwen said legislators, such as Reps. Mohamud Noor and Steve Elkins are working on passing new, more comprehensive privacy laws in Minnesota. This includes proposed House Bill 2917, which aims to create more protection for personal data.

“However, it is in a lot of other countries,” Schwen said. “Regions like Europe, for example, have historically treated privacy and the right to privacy as a fundamental human right … they also can’t really violate those rights without violating some sort of law.”

Schwen said there is gray area in the prosecution of this invasion of privacy. The degree of danger the victim is put in can direct the severity of the punishment. This gray area becomes even murkier in the case of Airbnbs, as the rules for camera usage are dictated by the company’s Terms of Service.