What is Invasion of Privacy?

Invasion of privacy is comprised of three principal types of invasion of personal interest:

• Use of Name or Likeness
• Invasion of Physical Solitude
• Disclosure of Private Information

When is the Use of a Name or Likeness an Invasion of Privacy?

Individuals have a property interest in their name and physical image. As such, appropriating an individuals name or likeness for business use without her consent violates her property rights.

• Note: Before using anyone’s picture or name, a business must obtain a proper release from that person to avoid possible liability.
• Example: Using a candid picture of Ann smiling in an advertisement for a local business without her consent violates her personal rights.

When is Invading One’s Physical Solitude an Invasion of Privacy?

Individuals have an expectation of privacy in their home and within other personal spaces. Viewing or monitoring such places is an invasion on the individuals physical solitude.

• Example: Entering a persons home, spying through windows, illegal wiretapping, and persistent unwanted telephoning all may constitute an invasion of privacy.

When is the Disclosure of Private Information an Invasion of Privacy?

Disclosure of highly-objectionable, private information about someone may be an invasion of that persons privacy. Generally, the information must be obtained by an individual who owes a duty of confidentiality to the individual whose rights are violated. In some cases, the information must be obtained without the persons consent.

• Note: A personal or professional relationship could give rise to a confidential relationship.
• Example: A nurse disclosing someone’s private medical information could constitute an invasion of privacy. The tort generally requires that the private information result in disclosure to the public at large.