Invasion of privacy laws provide US citizens with the right to act and live without government interference except in things involving unreasonable acts. Other “Western” nations like the UK and Australia have similar laws. Invasion of privacy laws do not only protect people from government interference; they protect people from public interference in private matters too. It also allows people a right to not have their matters or images used publicly without their consent.
In this article, we will explain invasion of privacy laws and what rights they offer to US citizens.
What Rights to Privacy Do Citizens Have?
Federal laws protect US citizens from an invasion of privacy. The law defines an invasion of privacy as:
- Publicizing things that are private about someone’s life that the public have no need to know about.
- Exploiting or appropriating someone’s name, image, or personality
- Creating unnecessary public attention on somebody
- Intruding into someone’s private life in a way that would cause embarrassment, shame, outrage, or mental suffering
The above actions violate legally protected rights to privacy.
Invasion of Privacy Laws
Laws against invasion of privacy fall into two main categories. There are constitutional rights protecting US citizens from the government meddling in their private matters. Then there are general privacy laws dictated by federal and state laws; disputes for these laws are settled in civil lawsuits.
US Constitution’s Right to Privacy
The US Constitution allows citizens protect the right to privacy in the following matters:
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- Making personal decisions
- Keeping personal matters private
These protections stop the government or organizations from meddling in the personal autonomy of US citizens.
Common Law Right to Privacy
Federal and state laws provide US citizens with protections from public invasion of privacy. Not all states have these common law protections of the right to privacy. The ones that do usually protect people from public meddling into private matters and the unauthorized use of someone’s image or name for commercial gain. Any invasion of privacy disputes are settled in civil lawsuits in the appropriate jurisdiction, and the victim can claim damages and compensation if they win the case.
What Happens If My Privacy Is Violated?
If you have suffered an invasion of privacy, the person who invaded your privacy is liable to you, and you can claim compensation. The law considers an invasion of privacy to be revealing something private or meddling in private matters. In fact, there are four different types of invasion of privacy that the law names:
- Using someone’s image or name without consent
- Publicizing details of someone’s private life
- Intruding on someone’s privacy
- Spreading false and offensive statements about someone
The four examples of invasion of privacy allow the victim to sue the person violating their right to privacy. If their case is successful, the plaintiff will be able to recover damages. The court will take into account societal, cultural, and local opinions on the right to privacy. The job of the plaintiff will also be considered as well as the standards for privacy in that field. We will discuss each of the examples below in more detail.
Using Someone’s Image or Name Without Consent
This is the most common type of invasion of privacy when someone’s name or image is used without their consent. The image of the person must be immediately recognizable, like a portrait or a picture of the plaintiff. The act does not need to be offensive, just using their name or image without consent is considered an invasion of privacy.
The most common example of this is the non-consensual use of someone’s image or name in advertisements. But the law states that the image or name must have been used on purpose in order to benefit from the plaintiff’s standing, reputation, or public interest. The purpose of the law is to protect businesses from cashing in on someone’s reputation or skill without financial compensation and with the risk of damaging the person’s reputation.
Publicizing the Details of Someone’s Private Life
It is an invasion of privacy to spread private details about someone’s life if:
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- The matter is truly private, and the public has no right to know that information
- The information shared is objectionable or offensive to a reasonable person
- The information was shared publicly (not just gossip amongst friends)
A civil lawsuit must prove the above three requirements to be successful. The plaintiff cannot claim an invasion of privacy if they had already made the information public; the matter must have been private until the defendant shared the information.
Intruding on Someone’s Privacy
Everyone has a right to keep their private matters private or to seclude themselves from the public eye. It is illegal to violate these rights by prying into someone’s private matters if it is done so in an offensive manner. The law stipulates that the invasion of privacy must be offensive to a reasonable person.
Spreading False and Offensive Statements About Someone
This type of invasion of privacy must prove that the information shared was false or painted the plaintiff in a false light, that it was shared with a third party, and that the information or how it makes the plaintiff look is highly offensive.
Invasion of Privacy Lawsuits
When someone has suffered an invasion of privacy, they can take legal action by filing a civil lawsuit. An invasion of privacy lawsuit is somewhat similar to a defamation of character lawsuit, except that an invasion of privacy lawsuit can be successful even if the information is true. The lawsuit is based upon the plaintiff’s right to keep that information private. An invasion of privacy lawsuit can seek relief in the form of an injunction to prevent the information from being spread further and for damages.
What Do I Need to Prove In an Invasion of Privacy Lawsuit?
There are a number of elements that the plaintiff and their legal team need to prove to win the invasion of privacy lawsuit:
That an invasion of privacy occurred
The invasion of privacy was intentional and publicized private matters
The plaintiff did not provide written consent if it was required
For an invasion of privacy lawsuit concerning unauthorized use of the plaintiff’s name or image in advertising, the plaintiff must show evidence of this use.
For most invasion of privacy lawsuits, the plaintiff must also prove that the intrusion upon their privacy was offensive or insulting to a reasonable person. They must present facts to prove the damage or offense caused by the invasion of privacy. These facts will help the plaintiff if they plan to claim damages for emotional distress caused by humiliation or shame.
In these types of invasion of privacy lawsuits, the plaintiff and their legal team must show:
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- Their name or image was used without their consent
- It was used for commercial purposes
- The use caused injury to the plaintiff (damage to reputation, breach of exclusivity contracts, copyright violations, etc.)
If the invasion of privacy lawsuit is filed under statutory law, then the plaintiff must also prove:
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- The defendant knowingly used the plaintiff’s name or image without consent
- They used it for commercial reasons
Lawsuit For Spreading False and Offensive Statements
The plaintiff must prove the following elements in this type of invasion of privacy lawsuit:
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- That the information is about the plaintiff
- That the information paints the plaintiff in a false light (even if the information is partially or wholly true)
- That there was malice in the defendant’s actions
The plaintiff must prove that they suffered damages through witness testimony and documentary evidence. They must also be able to point out the exact statements that painted them in the false light.
Limits to the Right to Privacy
There have been a number of cases that have set precedents on the limits to legal rights to privacy. The following situations do not violate a right to privacy:
Filming the plaintiff or their property and showing them to other people
Describing a private wedding
Reporting that a couple has filed for divorce or that a divorce has been finalized
Reporting that a marriage license has been issued or a marriage certificate has been filed
The law considers the above circumstances to be newsworthy events and matters of public interest.
Can I Sue For Invasion of Privacy?
You can only sue for invasion of privacy if it is your privacy that has been violated. Friends, family members, and the spouse of the victim cannot sue for invasion of privacy unless their privacy has been violated too.
If the victim of invasion of privacy dies, the possibility of legal action dies with them, so the family cannot sue for invasion of privacy after the victim’s death. The family also cannot sue for any use of the deceased’s name or likeness or invasion of privacy that happens after death.
Can Businesses Sue For Invasion of Privacy?
These rights to privacy are only given to individuals, not corporations, organizations, institutions, or groups. However, the use of a company’s name and the image is protected under unfair competition laws, so there are avenues that a company can take to protect their image and privacy.
Can I Sue For Invasion of Privacy For My Pet?
No, invasion of privacy lawsuits are only for individual people. Pets and other animals do not have the right to privacy, and a pet owner cannot sue for unauthorized use of their pet’s name or photo. If the photo or attached advertisement uses the pet owner’s name or image without permission, then the pet owner can sue for invasion of their privacy.
Who Can Be Sued For Invasion of Privacy?
Almost anyone can be sued for invasion of privacy, including individual people, legal people, city councils, religious organizations, companies, and states.
The city council can be sued for disclosing the identity of a paid informer or for providing the media, a federal authority, or credit agency with information about a property owner.
The State
The state can be sued for revealing confidential information about a private citizen and for unauthorized use of the name or image of a private citizen for an advertisement.
Some states have government immunity which prevents people from filing certain types of lawsuits against the state government. Also, the government does have certain powers to surveil citizens if they do not violate 4th amendment rights.
The state will only be liable for invasion of privacy if they communicated information in malice. You cannot sue the government for invasion of privacy if they released information that:
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- Is a matter of public record
- The plaintiff has already discussed with the media
- Was not confidential information, and there is no evidence that confidential information was released
Legal People
The 1871 Civil Rights Act defines a legal person as a school boards, municipal corporations, local governments, legal and natural persons. The state is not considered a legal person. If a government official is acting in their official capacity, they can be sued for intrusion.
Religious Organizations
A church or religious organization can be sued for invasion of privacy. These lawsuits can be brought for unreasonable behavior or intentional interference into private matters like relationships.
A religious organization or church cannot be sued for invasion of privacy for the following things:
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- Shunning someone
- Employment discrimination by the church
- If the person consented to discipline from the church
Damages For Invasion of Privacy Cases
The plaintiff can recover damages in an invasion of privacy lawsuit. The damages awarded to the plaintiff will depend on the circumstances of the case and the judge’s rulings. The plaintiff can recover damages for the following things:
- Invasion of privacy and seclusion
- Unauthorized use of their name or image, thus removing the right to exclusive use
- Harm to their reputation from the publicity or use of their name
- Harm to their reputation for the false light that the defendant displayed the plaintiff in
- Emotional distress
- Personal humiliation
The plaintiff must show evidence of personal humiliation and emotional distress. This could be anxiety, depression, anguish, shame, feelings of powerlessness, or embarrassment. The jury will hear the evidence of the damages to the plaintiff resulting from the invasion of privacy and determine if they will award damages.
Invasion of privacy lawsuits may also include punitive damages if the plaintiff can show the defendant knew the information was false or there was reckless disregard for the truth. If a willful invasion of privacy occurred under these circumstances, then the plaintiff can recover emotional distress or mental suffering damages without having to show physical injury from the invasion of privacy.
Public Disclosure of Private Facts
If the invasions of privacy lawsuit is regarding the public disclosure of private information, then the plaintiff only needs to show that the information that was disclosed was private. They must also show that the information would be highly offensive to a reasonable person. They can recover the following damages:
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- Damages to the plaintiff’s interest in privacy
- Damages for loss of community status or reputation
- Loss of consortium for their spouse
- Damages for any physical injury
Calculating Invasion of Privacy Damages
The damages that an invasion of privacy plaintiff can recover will be calculated based on the circumstances. The judge or jury will have discretion in deciding how much the plaintiff should be awarded in damages. If the plaintiff’s image was used for commercial purposes without their permission, they could recover compensation for the amount the defendant made from using their image or name.
The plaintiff does have a responsibility to mitigate damages, such as seek therapy to reduce the amount of mental anguish or emotional suffering they experience from the invasion of privacy. If the plaintiff has not taken steps to reduce the impact of the damages, they may not receive the full amount of damages.
In some cases, if the plaintiff is a public figure, such as a movie star or sports personality, where publicity goes along with the job, then they can only sue for negative publicity. Positive publicity or neutral publicity cannot be used in an invasion of privacy lawsuit for a public figure.
If the defendant published a retraction or correction in a timely manner, then it may reduce the damages. The retraction or correction must be adequate to reduce the damage of the initial publicity.
In Conclusion
The United States affords its citizens the right to privacy, and more so, the right to be left alone. These rights are constantly being balanced with the need for the government to protect citizens and for other people’s needs and wants. Invasion of privacy laws have some rules and guidelines, but circumstances like the plaintiff’s benefit from exposure or if they assisted or encouraged the exposure may impact their case.