Legal Definitions - privacy, right of

The right of privacy is a legal principle that protects an individual's ability to control personal information about themselves and to be free from unwanted intrusion into their personal life. It recognizes an individual's interest in being left alone and in preventing the unauthorized disclosure or use of their private affairs, identity, or likeness.

This right encompasses several distinct areas, including protection against:

• Intrusion into one's solitude or private affairs.
• Public disclosure of embarrassing private facts.
• Placing one in a false light in the public eye.
• Appropriation of one's name or likeness for commercial benefit without consent.

Here are some examples illustrating the right of privacy:

• Example 1: Medical Information Confidentiality

  A patient undergoes a medical procedure at a hospital. Without the patient's explicit consent, the hospital staff cannot legally share details about the patient's diagnosis or treatment with their employer, family members (unless authorized), or the media.

  How it illustrates the term: This scenario demonstrates the right of privacy by protecting an individual's control over their sensitive personal health information. It prevents the unauthorized disclosure of private facts that could be embarrassing or detrimental to the individual.

• Example 2: Protection from Unwanted Surveillance

  A homeowner installs a security camera on their property. While it's permissible to monitor their own yard, if the camera is positioned to constantly record the interior of their next-door neighbor's bedroom window, the neighbor could assert their right of privacy.

  How it illustrates the term: This example highlights the right to be free from intrusion into one's private space and solitude. It protects an individual from unwanted surveillance in areas where they have a reasonable expectation of privacy, such as inside their home.

• Example 3: Commercial Use of Identity

  A local restaurant decides to use a photograph of a well-known local athlete, taken at a public event, in their new advertising campaign without asking for the athlete's permission or offering compensation. The advertisement implies the athlete endorses the restaurant.

  How it illustrates the term: This situation exemplifies the right of privacy concerning the appropriation of one's name or likeness. It protects individuals from having their identity, image, or reputation used for commercial gain without their consent, which could imply endorsement or association they did not authorize.