Am I Entitled To Privacy Rights?
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.