Not as simple as it sounds.
Let's say a personal assistant/organizer shoots snapshots of the inside of a messy home, including personal belongings, as a "before" set--saying that she would like to use them for marketing, but won't without permission (believing that after the organization is complete, the client will be so pleased with results, he'll agree to sign a release for before/after shots).
Client is not comfortable, and wants copy of all pics, so she lets him download a copy to his computer.
Subsequently, her equipment is lost or stolen, with those images still on the memory card.
Does the client have any obligation to give a copy back to her (let's say he's not happy with things and refuses to sign a release, but she still wants photos for her own review, to see what she could have done differently)? Does he have any legal basis to take action against her for negligence in letting his privacy be invaded by whomever finds the camera--seeing his belongings (potential theft?), how messy he is (potential loss of reputation?), etc.? Does he have any right to demand she delete photos that she took on a different memory card, that wasn't lost?
If the client didn't want photos taken, but just agreed to consider the release later, has he given up any "reasonable expectation of privacy" by his actions?
Thanks in advance for sharing any ideas on this!