Invasion of privacy is a legal concept dealing with intrusion into an individual’s private life. It is a tort that allows the person whose privacy was invaded to file a lawsuit against the person intruding upon his or her privacy. Laws governing the right to privacy do not treat all people the same, however, as public figures, such as politicians, are commonly not afforded the same rights of privacy as laypeople. To explore this concept, consider the following invasion of privacy definition.

Invasion of privacy occurs when a person or entity intrudes upon the personal life of another person without just cause. Many actions may be considered invasion of privacy, including workplace monitoring, data collection, and other methods of obtaining private information. The U.S. Supreme Court has issued a decision stating that there is a limited constitutional right to privacy. This right to privacy involves matters such as family relationships, child rearing, education, and marriage. However, information held by third parties is not protected in most instances. Privacy laws require the reasonable expectation of privacy to determine whether the violated person has the legal right to privacy. Reasonable expectation means that a person must unreasonably and seriously comprise the interests of another person in order for them to be held liable for their actions. There are four main types of invasion of privacy, all of which can lead to a civil lawsuit. These include (1) intrusion of solitude, (2) appropriation of name or likeness, (3) public disclosure of private facts, and (4) false light.

Intrusion of Solitude

Intrusion of solitude occurs when an individual intrudes upon another person’s private affairs in a physical manner. An example of intrusion of solitude is intercepting phone calls or peeping on another person. Acts that may amount to intrusion of solitude may include:

• intercepting phone calls
• peeping
• taking photographs without the victim’s knowledge or consent
• video recording the victim in his or her home without consent or knowledge

Appropriation of Name or Likeness

• Appropriation of name or likeness occurs when a person or entity uses another person’s name or likeness (photograph or video) without his permission. Most states have laws prohibiting the use of a person’s name or likeness for commercial gain or profit without that person’s consent. Appropriation of name or likeness is often seen when a business uses the name or photo of a celebrity, without his consent, in advertising their product or service.

Public Disclosure of Private Facts

• Public disclosure of private facts refers to the dissemination of personal information that is not of public concern or interest, and that is not part of public proceedings or records, and which would offend any reasonable person if published or widely disseminated.

False Light

The legal doctrine of false light addresses people’s right to not have false or misleading information, which puts them in a false light, made public. In other words, it deals with the invasion of a person’s privacy by disseminating false or misleading information, rather than the gathering of information through invasion of privacy.

If such published information is actually false, the victim may be able to bring a suit for libel or slander. If, however, the published information is not technically false, but is misleading in such a way as to paint the victim in a false light, the victim may still be able to sue under the tort of false light. To successfully bring a claim under false light, certain elements must be proven in court:

1. The information about the victim was published or made public
2. The publication of information was made intentionally, and with malice
3. The perpetrator acted with reckless disregard for the false nature of the information published
4. The published information puts the victim in a false or misleading light
5. The information would be offensive or embarrassing to any reasonable person

Defamation involves a false statement of fact that is presented as true. Neither parody nor statements of opinion can give rise to a libel claim. And true statements also are not libelous because they are true. Libel is a form of defamation that involves making a false written statement that damages an individual’s reputation. It is one of two types of defamation, the other being slander, which involves spoken statements. Libel laws allow individuals to pursue civil lawsuits when they are harmed by such defamatory statements. In essence, if someone makes a disparaging statement about another person in print or through images, it can be considered libel and is against the law. If someone makes a false statement of fact about you that harms your reputation, you may be able to make a libel claim.

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