Photographing smokers at work

[Flying Cloud]

There is an executive who is taking pictures of smokers outside an office building through the window of his office. He wants to put these pictures in a PowerPoint presentation which he plans to present to top management in an effort to get smoking banned on our work campus. He has been doing this without the knowledge or approval of the people involved. Is this legal?

[Judge]

Yes it is legal unless the employees have a reasonable expectation of privacy. Since they are out in public view it seems they cannot have a reasonalbe expectation of privacy.