In the U.S, the invasion of privacy claims requires some valid grounds before it has been held lawful. For instance, you are carrying some essential documents, and it has some personal information about you. Now, by mistake, you have left it in public, and someone else has read it.
However, there is no privacy violation even if the leaked information hurts your reputation or does other harm. This requires a reasonable expectation of privacy if the information was not left out in public.
But, if you are having a private conversation and someone else is spying on you, then your privacy is definitely violated. The privacy invasion happens when there is a reasonable expectation that the targeted person is left alone and intrusion occurs.
This article will give insight into the intentional torts, which incorporates four main types of invasion of privacy claims administered by the state laws.
Types of Invasion of Privacy Claims
Intrusion of Solitude
Intrusion in a person’s solitude or seclusion occurs when someone intentionally involves another person’s private affairs. These highly offensive acts typically include watching or observing someone’s private moment by peeping through the windows or around the private residences.
Capturing photographs of a person using a zoom-in camera that provides a glimpse inside their home qualifies for the claim. Also, illegally listening to someone’s private calls or going through their private records indicates an invasion of privacy. Constant unsolicited calls, even after giving a warning, add to the list.
Appropriation of Name or Likeness
Fraudulent activities are like using an individual’s name or likeness to get monetary or other benefits. Typically cases involve using a celebrity name or likeness for advertising without taking their permission.
Many states limit the privacy tort for commercial use while others grant permission to the individual to submit invasion claims when this occurs. This privacy tort applies because the celebrity’s name or likeness is considered their property, and some case details apply to such claims.
Public Disclosure of Private Facts
The First Amendment’s protection of speech is countered when a private fact is disclosed to the public domain. Unlike defamation cases, there is no defense applicable in such instances. However, legal action will be issued for disclosing personal information that has no relevance to public life.
This is considered offensive on reasonable grounds if the information becomes public. Suppose a video shoot was agreed for a particular ground but is used wrongfully for other purposes.
It refers to disclosing information to the public, which is misleading and creates a false light on the individual. A false light claim holds similar significance to that of a defamation claim. These are some of the following conditions applicable to a false light claim:
- It includes some form of publication.
- It was done with a reckless ignorance
- It painted a negative image of the victim
- It is considered highly offensive or embarrassing to a rational person.
Final Thoughts about Invasion Of Privacy
The privacy issues are sensitive and complicated, which can result in controversial court hearings. In case you are dealing with a case of invasion of privacy, it is ideal for taking legal assistance from a lawyer, who can help prepare the case.