Yes, the average member of the public is entitled to privacy protections. However, the strength of these protections will vary depending upon the particular factual circumstances. There are four general ways a plaintiff can claim an unlawful invasion of their privacy:
- Unlawful appropriation of one’s image: This type of claim involves the unauthorized use of one’s image. For example, a plaintiff could claim that their picture was used by a defendant in a commercial or advertisement without permission.
- Intrusion of privacy: If the plaintiff can prove that the defendant intruded into his or her solitude, seclusion, or private life in a manner that would be considered highly offensive to a reasonable person, the plaintiff is entitled to recover damages from the defendant. Naturally, the factual circumstances of the case will play a major role in determining whether the actions in question can be considered highly offensive.
- Public disclosure of private facts: These claims can be filed when a defendant disseminates private facts that cause the plaintiff embarrassment, humiliation, or offense. The plaintiff must demonstrate that these facts have no link to a legitimate public concern, and this consideration is always dependent upon the particular circumstances.
- False light invasion of privacy: Similar to a defamation action, this type of privacy claim alleges that a defendant made an untrue communication about the plaintiff that created a false public impression of the plaintiff. The claim does not need to be defamatory for this type of claim; rather, the plaintiff must only demonstrate that it is false and highly offensive to a reasonable person.
