Invasion of Privacy (Idiots)

Idiots

Invasion of Privacy

Generally, causes of action for invasion of privacy relates to the violation of one's right to be let alone. One of four theories must be charged: appropriation of likeness, intrusion upon seclusion, public disclosure of private facts, or false light.

Appropriation of Likeness

Under the theory of appropriation of likeness, the plaintiff alleges that the defendant has committed an invasion of privacy through the unauthorized use of the plaintiff’s name or likeness. Most commonly, the suit arises from the use of the plaintiff’s name or likeness to promote a business or product, however most jurisdictions do not require a commercial use.

Intrusion upon Seclusion

Under the theory of intrusion upon seclusion, the plaintiff alleges that the defendant has committed an invasion of privacy through an intentional and unreasonable interference with the plaintiff’s private affairs or an invasion of a location in which the plaintiff has a reasonable expectation of privacy.

False Light

The theory of false light is not recognized by some states and in these states, the plaintiff must prove defamation to recover damages. However, in those states which recognize false light, the plaintiff must prove that the defendant has committed an invasion of privacy through the publication to the public of offensive, untruthful or misleading information about the plaintiff. In California, where the publication involves a false statement, an action is brought for defamation; where the publication involves a false implication, an action is brought for false light.

Public Disclosure of Private Facts

Under the theory of public disclosure of private facts, the plaintiff alleges that the defendant has committed an invasion of privacy through the publication of information relating to the plaintiff which is not of legitimate concern to public, in a way that would be highly offensive to a reasonable person.