Invasion of Privacy

Sometimes, we just want some alone time. It is increasingly hard to get away from it all today. With constant internet access, phones in everyone’s pockets, and cameras everywhere, it can feel like privacy is impossible.

You still have a right to privacy from unlawful government intrusion and the right to privacy from other people. If someone exposes your personal information or photos or violates your privacy, you may be able to sue for invasion of privacy. Contact a personal injury lawyer to find out about your legal rights after someone invades your privacy.

What Is an Invasion of Privacy?

The idea of the right to privacy has been around for a long time. Generally, under common law, there is a right to be left alone in your private life. But there are limits on those rights. For example, celebrities or political figures may not have the same privacy rights because there may be a public interest in their lives.

In a civil lawsuit, invasion of privacy can be an intentional tort or a civil wrong. As the victim of a privacy invasion, you can file a personal injury lawsuit against the person who invaded your privacy to recover financial compensation.

Is Invasion of Privacy a Crime?

In some situations, invasion of privacy can be a crime. For example:

• Breaking into someone’s house to get information about them could be considered burglary
• Hiding a camera in a changing room could be a crime
• Sharing intimate photos without consent could be revenge porn
• Hacking into someone’s phone or email could also be a type of computer crime
• Recording a private conversation without consent could be illegal wiretapping

How Can I File an Invasion of Privacy Personal Injury Claim?

There are generally four types of invasion of privacy claims:

• Unlawful appropriation of someone’s name or image
• Unlawful disclosures putting someone in a false light
• Unlawful intrusion into someone’s private affairs
• Public disclosure of private facts about someone

Invasion of privacy laws are different depending on state laws. Some states may use different terms for some of these ideas. If you want to go forward with an invasion of privacy lawsuit, talk to a local personal injury attorney for legal advice.

Unlawful Appropriation of Name or Image

People have a privacy interest, including their name and identity. It is a violation of privacy to misappropriate someone else’s likeness for profit. To win a misappropriation privacy claim, you have to prove:

• Someone used your name, likeness, or identity
• You did not consent to it
• The defendant gained a commercial benefit or another advantage

Unlawful Disclosures Putting Someone in a False Light

Putting you in a false light — meaning creating publicity that gives people a false impression of you — can violate your privacy. To prove a false light claim, you must prove:

• Someone publicly shared information portraying you in a false light
• The disclosure would be highly offensive to a reasonable person
• They knew it would create a false impression

False light claims are similar to defamation lawsuits, in that they involve someone spreading falsehoods about you and causing you harm.

Unlawful Intrusion Into Private Affairs

To win a privacy case for unlawful intrusion into private affairs, you have to show that:

• You had a reasonable expectation of privacy
• The defendant intentionally intruded
• The intrusion was highly offensive to a reasonable person

Public Disclosure of Private Facts

There are private facts you may not want to get out to the public, and you have a right to make sure there is no disclosure of that information. A public disclosure privacy claim generally requires showing:

• Someone publicized your private information
• A reasonable person would consider the disclosure highly offensive
• The defendant acted with a reckless disregard or knew that it would be highly offensive
• There was no legitimate public need to disclose that information

What Damages Are Available in an Invasion of Privacy Lawsuit?

For a personal injury lawsuit, you have to prove damages. The claims above require showing that you suffered harm and that the defendant’s conduct was a substantial factor in causing that harm.

Harm does not have to mean physical harm. Mental suffering, emotional distress, or financial troubles could be considered harm. That means if you prove that you suffered any of these effects, you could receive compensation in a successful lawsuit. In some cases, punitive damages may also be available to punish the defendant and send a message about their conduct.

What Are Defenses Against Invasion of Privacy Claims?

If you are suing someone for invasion of privacy, you should know about the defense that they will try to mount against you. These could include:

• That you consented to the disclosure
• That you were not in a place where you should expect privacy
• Any intrusion into your privacy was accidental
• You suffered no actual harm
• That the defendant had a justifiable reason to invade your privacy.

In preparing your case, your attorney will look closely at the evidence to prepare for any possible defenses from the defendant.

How Can a Personal Injury Lawyer Help?

If you want to file a lawsuit for an invasion of privacy, a personal injury lawyer familiar with invasion of privacy claims can help you through the process. Your lawyer can gather all the necessary information to prove your case. Your attorney can present a strong case to put you in the strongest position to recover compensation.