Privacy

Invasion of privacy is a common cause of action cited for civil lawsuits.  The idea of an invasion of privacy is used by many citizens and civil law attorneys of the United States to receive compensation for damages.  This article was written to help you understand the four different categories of invasion of privacy and how they can relate to you, along with what an attorney would have to do to prove an invasion of privacy.

While most civil cases of invasion of privacy usually involve the protection of a public figure from exposure to media outlets, invasion of privacy may also be defined as the right to possess and control property and personal information against search, seizure, and exposure.  The growing expansion of media outlets has brought the issue of invasion of privacy to many attorneys around the United States.  Public figures and normal citizens alike have used the invasion of privacy cause of action to sue other parties, by means of a civil law attorney and the civil court.

The four categories of invasion of privacy are intrusion of solitude and seclusion, public disclosure of private facts, false light, and appropriation.

1. Intrusion of Solitude and Seclusion

Intrusion of Solitude refers to one person’s undesired exposure to publicity by another party.  For example, if an author writes about a specific person as a character in a novel, that person can sue the author for the undesired exposure to publicity.  An attorney would have to prove that there were damages incurred from the undesired exposure.

Intrusion of Seclusion then, is the act of purposely intruding the private space and/or seclusion of a person.  This can be done physically or electronically.  An attorney would aim to prove that the accused party had intruded upon the plaintiff’s private affairs.  If the attorney is able to prove intrusion, there is a clear cut case for invasion of privacy.

2. Public Disclosure of Private Facts

The public disclosure of private facts category pertains to a situation where one person reveals unnecessary offensive private information to the public.  This differs from defamation because it is mutually exclusive from the fact of whether or not the information presented is true.  These facts must be proved by the attorney to be considered unworthy of the news and not of a concern to the public.

3.  False Light

A category of invasion of privacy that relates closely to the tort of defamation. There are privacy laws set in the United States that protect a non-public person’s right to hide from the public information that puts them in a false light.  An attorney must prove that the defendant made a malicious publication about the plaintiff that puts the plaintiff in false light- and is highly offensive.

4.  Appropriation of name or likeness

The use of a person’s name or likeness for the personal benefit of another person is considered appropriation of name or likeness.  For example, if a famous NFL player sees his name and face on a art company logo, he just might sue the company for invasion of privacy (though I am unsure of how much that can help an art company sell anything but eye black).  An attorney would have to prove the defendant guilty of using the plaintiff’s name or likeness for personal gain or commercial advantage.