Legal Definitions - privacy, invasion of

Invasion of Privacy refers to the unauthorized intrusion into an individual's personal life, private affairs, or private space, or the public disclosure of private facts about them, in a way that causes harm or distress. It recognizes an individual's right to be left alone and to control information about themselves, free from unwarranted public scrutiny or interference.

Here are some examples illustrating different contexts where invasion of privacy might apply:

• Example 1: Unauthorized Surveillance

  A celebrity is staying at a private resort, and a paparazzi photographer uses a telephoto lens from a distant, publicly accessible location to capture intimate photos of them sunbathing by their private villa pool. These photos are then published without the celebrity's consent.

  This illustrates invasion of privacy because the photographer intentionally intruded upon the celebrity's reasonable expectation of privacy in a secluded area, even if taken from a public vantage point. The act of capturing and publishing images of a private moment, without consent, constitutes an unwarranted intrusion into their personal life.

• Example 2: Public Disclosure of Private Facts

  A former friend, after a falling out, posts detailed and highly sensitive medical history about an individual's past struggle with a rare illness on a public social media platform. This information was shared in confidence and is not a matter of public concern.

  This demonstrates invasion of privacy through the public disclosure of private facts. The information is highly personal, not legitimately newsworthy, and its public revelation would be considered offensive and distressing to a reasonable person, causing harm to the individual's reputation and emotional well-being.

• Example 3: Misappropriation of Likeness

  A local bakery, without obtaining permission, uses a photograph of a well-known community volunteer, taken while they were participating in a charity event, in an advertisement for their new line of pastries. The advertisement implies the volunteer endorses the bakery's products.

  This is an invasion of privacy because it involves the unauthorized use of an individual's identity (their image) for commercial gain. The bakery is profiting from the volunteer's likeness without their consent, infringing on their right to control how their identity is used and potentially misleading the public into believing an endorsement exists.