Photographing a person in a vehicle: laws and good practice

Can you take a photo of someone in a car? What does the law say? What are the rights and risks?

Taking photographs of people, especially in vehicles, is a sensitive issue, both legally andethically. In a world where surveillance, smartphones and private detectives are omnipresent, the line between public and private life is becoming blurred.

As part of a private investigation into suspected adultery or fraud, for example, is it legal to photograph someone inside their car? And if so, under what conditions? This article provides a full overview of the rules that will apply in 2025.

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Image rights and protection of privacy

In France, the photograph of a person is governed primarily by article 9 of the Civil Code, which guarantees the right to privacy. This means that any person may object to the capture and distribution of their image, subject to exceptions provided for by law.

📖 Legal reference: Article 9 of the Civil Code on Légifrance

📍 Public vs private spaces: a crucial distinction

• Public space (e.g. road, open car park):In principle, it is legal to photograph a person, as long as it does not infringe on their dignity or privacy.

• Private space (e.g. garage, enclosed garden): Unauthorised photography is prohibited, even if the person is visible from the outside.

🚗 What about a vehicle?

A vehicle parked in the street is not automatically a private space. However, the interior of the vehicle can be considered an extension of privacy, especially if it is enclosed and not visually accessible without zooming or subterfuge.

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Photographing a person as part of a private investigation: what a private detective can do

A private detective, or private research agent approved by the CNAPS, may be required to photograph a person for the purposes of an investigation (adultery, fraud, debtor tracing, etc.). However, this activity is strictly regulated by :

• The Code of Ethics for private detectives

• The RGPD (General Regulation on Data Protection)

• Respect for privacy and image rights

✅ Conditions to be met :

• The photo must serve a legitimate interest, for example in the context of a divorce or commercial dispute.

• The detective may not photograph in a protected area without permission (e.g. private property, enclosed area).

• Photographs must be proportionate (no excessive zooming or intrusive photography).

• No recording or publication may take place without a legal basis or consent.

ℹ️ Find out more about what a detective does:

👉 S ee our complete guide to private detectives in France

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Legal risks in the event of non-compliance

Photographing a person without respecting the rules can lead to :

• Complaint for invasion of privacy

• Conviction for violation of image rights

• Rejection of evidence by a judge

Even in divorce proceedings, evidence obtained illegally (for example, from a private garden without permission) may be declared inadmissible.

👨‍⚖️ Case law example:

In 2019, the Court of Cassation reiterated that even a private detective could not enter a private place to capture an image without authorisation, on pain of having his assignment annulled(source).

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RGPD compliance and data security

Photos taken during a survey are considered sensitive personal data. As such, they must be :

• Stored securely (encryption, restricted access)

• deleted after a certain period if not used

• Disclosed only to the person commissioning the investigation or to a court of law

My Own Detective applies strict cybersecurity and RGPD compliance protocols to ensure that every assignment complies with the law.

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Best practices for photographing a person in a car (for a detective or a citizen)

• ✅ Favour shots taken in visible public spaces (e.g. parking on a public road)

• ❌ Avoid photographing through tinted windows or zooming in from a private place

• ✅ Justify taking a photo for a legitimate purpose (e.g. evidence of suspicious behaviour)

• ❌ Never publish on social networks or share without permission

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❓ FAQ – Photographing a person in a vehicle

📌 Is it legal to photograph someone in their car?

Yes, if the vehicle is visible from the public highway, and if the photo does not infringe on their privacy.

📌 Can I use a photo like this as evidence before a judge?

Only if it was taken under legal conditions. Otherwise, it could be thrown out of the case.

📌 Can a detective follow and photograph an unfaithful spouse?

Yes, if he is legally mandated, respects discretion, and does not violate the home or a private place.

📌 What are the penalties for non-compliance?

Fines, damages for invasion of privacy, even criminal prosecution in certain cases.

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🧭 Conclusion: Photographing a person in a vehicle is possible under certain conditions

Photographing a person in their car is permitted in certain contexts – particularly as part of an investigation by a private detective – but it must always be done with respect for image rights and privacy. Caution is advised, as any excesses are quickly punished.

At My Own Detective, all investigations scrupulously comply with current legislation, guaranteeing our clients usable and legally sound results. For any enquiry or to check the legality of evidence, contact our specialist team.

📧 [email protected]

🌐 myowndetective.io

anctions. In short, this practice must be justified by a legal investigation and conducted with discretion to avoid any legal risk. A good knowledge of the legal texts is essential in order to practice within the rules.