Invasion of Privacy Laws

When an unwarranted intrusion into another’s personal life happens without their agreement, it is called an invasion of privacy. Invasion of privacy, on the other hand, is not a single tort; rather, it is made up of four different grounds of action. States differ in terms of whether they recognize these causes of action and what components must be proven to establish them, so verify your state’s laws or speak with a lawyer before filing a lawsuit. Invasion of privacy may be classified into four different types. Each category focuses on a different component of the right to privacy and personal identity, although they all aim to defend the right to “be alone.”

Types of Invasion of Privacy

Intrusion into Seclusion

People usually refer to intrusion into isolation as an “invasion of privacy.” When someone purposely intrudes into another person’s private concerns, this is known as an intrusion upon solitude. In order for an intrusion of privacy to be legitimate, it must be both purposeful and severely upsetting to a rational individual. Laws that defend your right to privacy when in solitary or seclusion are known as an intrusion upon seclusion laws. Including you and your personal affairs. A neighbor peering via your windows or taking photographs of you in your house, for example, is invading your privacy. Using electronic devices to eavesdrop on a private discussion is likewise a breach of privacy.

Appropriation of Name or Likeness

Appropriation of name or likeness rules defend your right to regulate the commercial or economic use of your own identity. The claims mainly center on the unauthorized use of a person’s picture or name. The law considers a person’s public image to be something that should be kept under his or her control. Unauthorized use of a person’s name or appearance is deemed illegitimate appropriation.

Misappropriation occurs when, for example, a celebrity’s image is used without permission on a billboard to promote a business interest or product. Anyone whose name or appearance is utilized for commercial reasons without their permission might have a misappropriation claim.

The Public Discourse of Private Facts

The revelation of another person’s private affairs when the revelations would be highly insulting to a rational person is referred to as public exposure of private facts. A creditor, for example, may place a sign in a business owner’s window stating that the owner owes money and has yet to pay.

In contrast to defamation, the published content in question may be truthful, but it is especially private. When it comes to defamation, the need for publishing is much higher. It’s not enough to just notify a third party. The information should be made public.

False Light

Under the “false light” category, invasion of privacy entails stating information that may be technically correct or opinion-based information in a way that suggests to a rational person that something bad and untrue about the target is factual. False light has the following components in general:

  • The defendant made details about the plaintiff public; 
  • the information cast the plaintiff in an unflattering light; 
  • and the unflattering light would be deeply insulting to a reasonable person.

If you feel that your privacy is invaded, consult the top personal injury lawyers at Autrey Law Firm to represent you!