Legal Definitions - invasion of privacy

Invasion of Privacy refers to the unauthorized intrusion into an individual's personal life or affairs, infringing upon their right to be left alone and to control information about themselves. It encompasses a range of actions that are considered unwelcome or unwarranted, violating a person's reasonable expectation of privacy. This legal concept recognizes that individuals have a right to protect certain aspects of their lives from public scrutiny or interference.

It is a civil wrong (a "tort") that allows an aggrieved party to seek legal remedies when their privacy has been violated through various means, such as:

• Physical or technological intrusion into a private space.
• Publicly revealing highly personal and private facts without consent.
• Portraying someone in a false or misleading light that damages their reputation.
• Using someone's name, likeness, or identity for commercial gain without their permission.

Here are some examples illustrating different contexts of invasion of privacy:

• Example 1: Unauthorized Surveillance

  A homeowner discovers that their neighbor has secretly installed a high-powered camera pointed directly into their backyard, capturing their private family activities, including sunbathing and children playing, without their knowledge or consent. This footage is then shared with other neighbors.

  Explanation: This scenario illustrates an invasion of privacy through intrusion upon seclusion. The homeowner has a reasonable expectation of privacy in their own backyard, and the neighbor's unauthorized surveillance constitutes an unwelcome and intrusive action into their private life.

• Example 2: Public Disclosure of Private Information

  A former employee, angry after being fired, accesses the company's internal HR system and publicly posts details about a colleague's sensitive medical condition and past mental health struggles on a widely read online forum, even though the information is true.

  Explanation: This is an invasion of privacy through public disclosure of private facts. Even though the information shared is factual, it is highly personal, not a matter of legitimate public concern, and its public dissemination without consent causes significant distress and embarrassment to the individual.

• Example 3: Misappropriation of Identity

  A local restaurant uses a photograph of a well-known community volunteer, taken at a public charity event, in their new advertising campaign. The advertisement features the volunteer's image alongside a slogan implying they regularly dine at and endorse the restaurant, without ever obtaining the volunteer's permission or offering compensation.

  Explanation: This demonstrates an invasion of privacy through appropriation. The restaurant has used the volunteer's likeness for commercial purposes (to promote their business) without authorization, infringing on the volunteer's right to control the commercial use of their own identity.