Legal Definitions - private fact

A private fact refers to information about an individual that is not generally known to the public, is not a matter of legitimate public concern, and whose disclosure would be highly offensive to a reasonable person. This concept is particularly relevant in privacy law, especially in claims concerning the public disclosure of private facts. For information to be legally considered a private fact, it must meet these criteria, distinguishing it from information that is already public, newsworthy, or otherwise not protected by privacy interests.

• Example 1: Medical History

  Imagine a situation where a former acquaintance, who once worked at a medical clinic, publicly reveals details about your past treatment for a sensitive, non-contagious condition that you had kept confidential. You are not a public figure, and your medical history has no bearing on public health or safety.

  Explanation: Your specific medical history, especially for a private condition, is generally not known to the public and is not a matter of legitimate public interest. Its unauthorized disclosure would be considered highly offensive to a reasonable person, making it a clear example of a private fact.

• Example 2: Personal Financial Details

  Consider a scenario where a disgruntled former employee accesses and then publishes your personal credit card statements, showing all your individual purchases and outstanding balances, on a social media platform. You are a private citizen, and your financial dealings are not subject to public oversight.

  Explanation: An individual's detailed personal financial transactions and debt levels are typically confidential. This information is not generally known, is not of legitimate public concern for a private citizen, and its public exposure would be highly offensive, thus qualifying as private facts.

• Example 3: Intimate Personal Relationships

  Suppose a tabloid newspaper publishes a detailed story, complete with private photographs, about a past consensual romantic relationship you had, which occurred years ago and involved no public figures or scandalous behavior. You had kept this relationship entirely private, and it has no current public relevance.

  Explanation: The intimate details and private photographs of a past personal relationship, especially one that was kept confidential and has no public interest, are generally not known to the public. Their unauthorized disclosure would be highly offensive to a reasonable person, establishing them as private facts.