Your privacy is an inherent right that does not have to be earned or granted. For this reason, it is not okay for a person’s personal information to be revealed to the public in an offensive or embarrassing way. Because of the ongoing growth of online technology, social media platforms, and media, it is easier than it has ever been before to infringe on a person’s privacy. Aside from the internet and media, conduct can also invade a person’s right to privacy. It is important to understand invasion of privacy laws, including how to affirm your rights if you or a loved one ever becomes a victim to such violation. This especially important since these laws vary greatly from state to state.
Continue reading to learn a brief explanation of the four most common types of invasion of privacy claims, and what you can do if you believe your rights have been violated.
Four Types of Invasion of Privacy Claims
❶ False Light
A person has the right to not have their personal information revealed to the public in a deceptive or misleading way that portrays them in a “false light.” A false light cause of action is different from defamation because the information is true. For example, a neighborhood newsletter prints an article highlighting an admired local business owner, but places it right next to a large picture of a fugitive child abductor in a way that makes the business owner look like the profiled criminal, and as a result, his business and personal life suffer.
❷ Public Disclosure of Private Facts
A person has the right to confidentiality over the specifics of their private life. A victim may have an invasion of privacy claim under if they reveal a secret about their private life to someone, and then that person discloses the secret to the public. Unfortunately, not all states recognize this type of cause of action, such as New York and Los Angeles. For example, a person reveals their sexuality to their boss, and then their boss publicly reveals it to the rest of the office or company.
❸ Intrusion of Solitude
Intrusion of solitude describes a person’s right to not have their visible or physical privacy infringed or violated. This is most commonly seen in cases of stalkers, bullies, harassers, peeping toms (voyeurs), and intimidators. It is also common when someone snoops through another person’s private documents. For instance, a person learns that their neighbor has been secretly taking unflattering or undressed photographs of you and uploading them to his public website.
❹ Appropriation of Name or Likeness
To have a valid claim for appropriation of name or likeness cause of action, a person must use your name or image as their own, without permission, for the purpose of benefiting in some way, whether commercially or non-commercially. This can include a person’s picture, portrait, voice, signature, or name. For example, a person uses a cancer patient’s picture and name to create a “Go-Fund-Me” page and earn money.
If you are concerned that your privacy has been violated in a manner that has negatively affected your reputation or character, it is important to discuss your questions with an experienced Indianapolis Indiana personal injury lawyer who can help you determine the best course of action for your losses and damages. Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation and learn your eligibility for pursing legal action, today.
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