What is Invasion of Privacy?

business economy

The legal term "invasion of privacy" refers primarily to a public figure's right to be left alone by the media, not necessarily a physical intrusion into one's private property or personal space. Invasion of privacy charges are usually presented in a civil lawsuit against media outlets that have crossed a perceived line into a celebrity or other public figure's private life, or have used his or her likeness or name in an unauthorized public manner. It would be more likely that a national tabloid such as the National Enquirer would face an invasion of privacy lawsuit than a private citizen.

Modern invasion of privacy laws essentially protect public figures in four different ways: intrusion of solitude, public disclosure of private facts, false light, and appropriation. The media is protected by the First Amendment right to free speech, as long as the published or broadcast material does not violate personal privacy and is either verifiable as true or presented as an opinion, clearly not a statement of fact. This condition is why many invasion of privacy lawsuits do not prevail in court. The defendant can always claim the information was presented as a hypothetical or speculative piece, and not obtained through any invasion of privacy.

The "intrusion of solitude" claim in an invasion of privacy lawsuit applies to an actual physical or electronic penetration of a public figure's private home or other personal space. If a tabloid hired an expert to plant a listening device in a celebrity's bedroom, for example, the celebrity would have the right to sue the tabloid for invasion of privacy. The same would hold true for any attempt to break into a public figure's home to obtain embarrassing or private materials. When a burglar allegedly broke into the home of actress Pamela Anderson and stole a private home video, for example, she could legally sue the person for invasion of privacy, using the "intrusion of solitude" aspect of the tort law.

In a "public disclosure of private facts" situation, the facts themselves may be completely true, but the method of obtaining those facts and publishing them could constitute an invasion of privacy. Some unscrupulous reporters have been known to rummage through a public figure's garbage to find evidence of prescription drug use or other highly personal matters. Even though the garbage itself may have been placed on public space, the information contained within is still considered personal. A disgruntled employee may also decide to provide personal information to the media, which could expose him or her to a potential invasion of privacy lawsuit for publicly disclosing private facts about a public figure.

A more malicious form of invasion of privacy is addressed in the "false light" aspect of the law. This type of lawsuit is commonly pursued whenever someone deliberately misrepresents the "character, history, activities or beliefs" of another person. When actor Tom Cruise was accused of being homosexual by a male adult film star, for example, Cruise could have successfully sued the individual for portraying him in a false light. Since an unproven claim of this magnitude could have seriously damaged Cruise's reputation in the film industry, there could be actual monetary damages attached to the lawsuit as well. Proving a "false light" invasion of privacy claim can be difficult, but it is commonly one of the best angles to pursue against misleading tabloid headlines.

The fourth aspect of invasion of privacy laws could actually extend to ordinary citizens. A public figure cannot always control the use of his or her image or name, but a blatant, unauthorized commercial use of a celebrity's image could result in an "appropriation" invasion of privacy lawsuit. If a local restaurant, for example, used a celebrity's name or image in a commercial and implied an official endorsement, it could face an invasion of privacy lawsuit.

This type of legal action is often taken against advertisers who morph the faces of celebrities onto other bodies to imply endorsement of a product. Actor Tom Skerritt prevailed in such a case against a company who used his face in advertisements for a natural male enhancement drug. Public figures own their personal images, and have every right to demand others cease and desist any unauthorized commercial use of them.

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45
My mother has been conspiring against me with several people to force me into giving up my kids to her.

Because I knew her e-mail password, I checked her e-mail to find the messages to prove what she has been doing. I did find the proof and it does prove what she has been doing and what an evil witch she is, but the problem is, I have been told I can't use the e-mails as proof of what she has been doing.

Did I commit a crime and if so what can happen to me if she sues for invasion of privacy? Can I be arrested? She gave me the password years ago. Thank you.

- anon53198
44
I am 19 and though i still live at home i feel that my privacy has been invaded by them drug testing me, watching me while i fill out my job apps online or even mess around on the internet, opening my mail, restricting me from leaving the house at all, looking through all of my phone messages, and being put on "lock down" and having no contact with anyone just because i have my MMJ licence?
- anon52610
43
Is it invasion of privacy if your landlord calls a utility company and they tell how much you owe?
- anon51705
42
In response to comment 9 if these anhydrous tanks are in the line of sight of your property "hell no!" You do have the option of placing a fence to prevent unwanted surveillance. Otherwise you have no legal basis for a complaint unless he installs cameras above the normal surveillance level after you install the fence and if that is the situation then "hell yeah!"

Due to the fact that the adjusting or installation of new cameras after the installation of a screen or fence to prevent unwanted surveillance does mean that maybe a person is stalking you.

- anon49775
41
In response to comment 14, yes it is invasion of privacy. Also it is a direct infringement upon the computer abuse and fraud prevention act of 1986. This is a federal case that needs to be brought to the supreme or state superior court's attention. It means that your paramour is fatally obsessed with you and is cyber stalking you.
- anon49773
40
In response to comment 11 you should file a complaint for invasion of privacy and it does breach confidentiality agreements. should this person have some type of clergy or medical certification other than that i would say it is "invasion of privacy via a third party" and that in itself is a coercive practice known as a intentional tort based on the fact that this person has abused your trust and has also subsequently or coincidentally abused an authority of trust.
- anon49772
39
Update on comment 26 the correct citation for the disability discrimination is:

sec. 504 Ada (americans with disabilities act)

or

title 42 chapter 126 sub chapter i section 12111 subsection (10)

go for it. i did and won now i suffer from probate and "big biz" still don't stop.

- anon49770
38
In response to comment 17 i was wondering does this person have a "parentis locus" over you. if not then this is invasion of privacy. Even if there is "parentis locus" the initial complaint is to filed according to emotional distress, libel, slander and public and private defamation of character.
- anon49769
37
In response to comment 21 tell the principal that if your child is suffering from emotional distress or has become overexerted failure to provide recess for your child is an infringement upon:

title 504 and or 508 of the ada (americans with disability act).

- anon49768
36
In response to comment 24 again this is a "conspiracy against rights" especially if the companies you file or may have filed are overlooked. Possible cause for reasons meaning the judge may be corruptly influenced or induced the "threatening, alarming,unwanted and or annoying" contact.
- anon49767
35
In response to comment 16, yes this is definitely an invasion of privacy and you should get a detailed explanation of people involved and file a civil complaint and a complaint for stalking. It's the law and the law is the law.
- anon49766
34
In response to comment 20, i think you may like the attention. In order for you to have a complaint of sexual harassment this guy must subject you to cruel and unusual punishment along with severe bodily injury. If this does not exist possibly this guy is attracted to you. Talk to him and find out why?
- anon49764
33
In response to comment 26, all you need is proper documentation of the complaints filed along with each and every time your complaints were denied and pursue a complaint in accordance with:

1. 42 Usc sec 504 and or 508 (disability discrimination)

2. 42 Usc sec 14141 (pattern and practice)

3. 18 Sec 241 ( conspiracy against rights)

File that and tell them big biz got game. if they still deny your complaint sue each and every person responsible individually.

- anon49751
32
In response to comment 23, yes you can sue for "invasion of privacy" and stalking possibly identity fraud and theft. This is know as corporate fraud. Otherwise known as a "tort" especially if you did not sign a direct contract to have your personal information obtained. Meaning your company must provide a valid proof of signature and a direct reason for wanting to profile your credit report. Lastly, to gossip about what they have obtained is just an infringement upon a confidentiality agreement and also further constitutes an "antitrust agreement" should this company want to provide your employment obligations contract.
- anon49749
31
In response to comment 25, this is slander and invasion of privacy, especially due to the fact that there was no stipulated reason to notify your landlord of you *and* you can file a civil complaint based on stalking and or unwanted solicitation of undisclosed and or irrelevant facts pertaining to your criminal background other wise known as "malicious prosecution based on prior disposition."
- anon49747
30
In response to question 28, no this is called a nausiance and would have to be based on a factual basis. For example if the zone noise level is set at 2 decibels and that box is making a noise above that range a "special permit" needs to be obtained in order for a noise ordinance now repealed "nausiance" to remain operational.
- anon49746
29
In response to comment 19, yes this is an invasion of privacy based on the material fact that this information was not required for any type of specific purpose other than gossip and or debunking of a professional civil character.
- anon49743
28
My AT&T power supply Box generates humming noises. (Is about 20-21 feet away from my master bedroom). Even when they had installed a suppressor noise kit I still feel the noise and can't even open my windows as I did before the box got installed. Can the noise action be consider as an invasion of privacy? please advise Thanks Tz
- anon48141
27
I am doing some research and need to know: if the government checks the books people read so they can determine who might be a threat, can this be called an invasion of privacy?
- anon44570
26
The same things have been happening to me as Anon26049 for several months now, at least. Whenever I try to confront someone, it is denied. When I try to explain to someone, I am made to feel mentally unstable. When I try to seek legal assistance, I am told that it would be difficult to prove.
- anon43669
25
I am on house arrest for a secondnd DUI. I know, dumb right.

My concern is this: The home monitoring company contacted my roommate and told me roommate about my case in detail. My roommate was not aware of my case and my roommate is my landlord. What to do?

- anon41307
24
9788 i was also wondering about the same thing. where are my rights as a private citizen? have you heard anything else regarding this.
- anon40616
23
Several co-workers looked up my credit history and other information and then came in the office and told other co-workers what they found. What should I do?
- anon40216
21
Principal tells my child I am a bad mother. The circumstances are, a child with a disability needs proactive parents. I eat lunch and then take my child outside to run to reduce the hyperactivity. Principal told child Mom's bad and told him if he was caught leaving the cafeteria he would be punished.
- anon37843
20
Every time my daughter or myself are busy working in the garage or outside and our neighbour drives by he will slow down and watch us, sometimes he will walk to our driveway and watch us. He does not do this with my husband or son. Is this invasion of privacy or will this be classified as sexual harassment? Can you please advise what we should do?
- anon37570
19
My son and his girlfriend are having a baby. Her step-dad is the postmaster in our small town. My son lives with us and receives his mail in our p.o. box. The girlfriends step-dad called *her* and told her that my son had two bills in our p.o. box and told her who the bills were from. Is this an invasion of privacy?
- moose6
17
I was a victim of crime when I was a child and when I became an adult I came forward as a victim of crime and through Crown Counsel successfully had the perpatrator of the crime charged for the offence that was committed on me.

I wrote a victim impact statement that was for the purpose of sentencing the perpetrator.

My ex-wife took my Victim Impact Statement with out my permission, and is now trying to use it to portray me as an unfit parent because of my childhood victimization.

Is this an invasion of my privacy as a person and as a victim of crime?

- anon35509
16
Can my employer team up with my landlord & neighbors

along with other employees and watch every move I make? This is all done with special surveillance equipment. I have heard them talking about me and

seen them watching me even when I am in the bathroom.

- anon26049
14
hi there. My ex-husband hacked into my sisters email and now he is forwarding her personal emails to everyone and even going to the extent of threatening me to email her husband her personal emails before she was married. She is in a total state about it as we are unable to stop him as we are not sure what to do and how we can. we have proof that he is sending the emails on as other people has also approached us about the emails they have read send from her email address. Please advise us what we can do about it, he is ruining her life. thank you

- anon23276
13
My privacy has been invaded by the united states government. They have crucified me for many years - and will not stop. On February 16, 1994, they falsely accused me of arson - they have ruined my entire life. I want them to go to hell - I want them to suffer as I have suffered. A job for a job.
- gotohell
12
Thanks - this was very informative and answered many of my questions.
- george2
11
My reputation is being slandered by members of administration at my school. I was in the hallway the other day talking to a friend, and when I left, they called her into the office and questioned her as to what i was telling her and wanted to know details of our conversation. I feel this was wrong in many ways......and some type of invasion of my privacy as well as hers.....help me out here!

thanks

- sapphire
10
what if teachers at school look through your cell phone and text people without your permission and have no reason at all to search it?
- anon17382
9
The coop down the street has cameras to watch their anhydrous tanks however, they all face my house. The creep sits in his office and watches me in my own yard. Any grounds here?
- anon17341
8
Like Rmyers I have neighbors that have a trampoline that obviously defeats the purpose of our privacy fence. It is so close to our fence that their children hold on to is as the other children are jumping on the trampoline. Are their grounds for an invasion of privacy lawsuit or possibly trespassing? Thank you!
- kimo
7
My neighbors have built an illegal addition on the back of their home. several children are now living there. In order to complete the addition, they moved their trampoline immediately adjacent to our block wall. The children are extremely loud and even though we have asked the adults in the house to monitor the children, every time we sit on the back porch, the children now just yell to annoy us. It's made using our backyard almost unbearable. The police have been out on many occasions. I have begun to collect videos of them. Do you believe I have grounds for an invasion of privacy lawsuit?
- Rmyers
6
I would like to know if Google and The White Pages.com are committing invasion of privacy by having peoples homes on their websites, driving directions, address, and you can even do the "birds eye view" to see where the house is!!! I do not like this, I have my telephone number unlisted but what does that matter if someone wants to they can just come to my house, I think we should be able to have say in whether we want people to see that information. Even more now I was an owner of a business where people were shot and I don't feel safe already, then when i saw you can type my name in and find out where I lived I was furious, is there any legal action to be taken here or do we just not have a choice?
- anon9788
5
Recently I have learned that for the past four years an individual who works for the phone company that provides me with cellular service, has been accessing my call logs and passing that information to a third party.

That third party has been using that information to contact people that I call on a regular basis in order to obtain information on me. Is there any legal action that I can take against the individual/s or the phone company in light of this intrusion and harassment.

- anon9060
4
My landlord is creeping me out. Please help, I want to feel comfortable in my home. What are my rights?

My landlord has 6 surveillance camera's (which I thought were sensors for the security lighting) watching the property I rent. It's a side by side duplex and the landlord lives in the other side. When I moved in, there were no curtains on the large windows facing the direction of the camera's, which allows him to see most of my bedroom and the kitchen through to the living room. Literally, while I was searching thru my bedroom closet for curtains to fit the remaining windows, my landlord calls me to let me know that I could store the rest of the curtain supplies, that he left in that one closet, in the basement if I need the closet space. Ohh!!! He was watching me thru the window with his camera. Do I have any privacy rights?

There is no insulation between the connecting wall and I can hear him sneeze from my side. He did not disclose this problem until after I moved in with my two children. He suggested I buy some headphones (like he has) for my TV. I had him meet my children before I agreed to move in (on a Month-to-Month lease). My kids are good natured but they are kids and I wanted the landlord to know that before I moved in. We do not play loud music or crank the TV and my kids have good manners. For 6 years I used to run an in-home daycare and we had strict rules such as no running or yelling in the house and outdoor games outside, so I didn't forsee any problems. One day at 6:00pm, my kids were rolling around on the living room floor tickling each other and giggling when the landlord knocked on my door complaining that the kids had to quiet down or I was going to have to find a new place to live. He complained that his windows were vibrating from the noise. My windows don't shake (we have new windows). He had also taped my daughter having a tantrum (with his audio recorder) which he had transferred to his computer and played it for me. Yes, it was loud but it lasted 1 1/2 minutes. Her tantrum occurred at 4:00 pm when her father had dropped her off (she was half asleep). She couldn't get her snowpants off and climbed under the kitchen table kicking and crying. I could not get close to her to calm her down but I did splash her with cold water to get her to wake up. She calmed down quickly when she realized where she was. I'm paying to rent this space and I believe I have been more than courteous by making sure my kids behave and are respectful of others. I don't feel comfortable with allowing my kids to have their friends over or a babysitter come in because it might get too loud and I can't afford to move again so soon. If anyone can direct me to online help I would appreciate it.

- noprivacy
3
My husband and I are under video surveillance in our road and the children are also vidoed with me in the car, my husband had an accident at work and it is the defendants who are watching him. Is this an invasion of privacy for me as I am not the one who had the accident nor the children. They have also given incorrect information about myself in an observation report which is a blatant lie, what can i do about this, do i have any rights?

Thank you

- anon4450
1
If i am arrested for underage drinking and using bad words against a police officer and i am under 18 . Can someone from the sheriffs office ... Notice i said sheriffs ... Go see someone other then my mom or dad and tell them about what had happened with me and what ever i did w.O my parents consent?? And when i was arrested by the police department not the sheriffs office...
- th3indian

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Written by Michael Pollick
Last Modified: 19 November 2009

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