invasion of privacy

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invasion of privacy

n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. However, public personages are not protected in most situations, since they have placed themselves already within the public eye, and their activities (even personal and sometimes intimate) are considered newsworthy, i.e. of legitimate public interest. However, an otherwise non-public individual has a right to privacy from: 1) intrusion on one's solitude or into one's private affairs; 2) public disclosure of embarrassing private information; 3) publicity which puts him/her in a false light to the public; 4) appropriation of one's name or picture for personal or commercial advantage. Lawsuits have arisen from magazine articles on obscure geniuses, use of a wife's name on a hospital insurance form to obtain insurance payment for delivery of a mistress' baby, unauthorized use of a girl's photo to advertise a photographer, and "tabloid" journalism treatment of people as freaks. There are also numerous instances of governmental invasion of privacy such as the Federal Bureau of Investigation compiling files on people considered as political opponents, partially corrected by the passage of the Freedom of Information Act in 1966. The right to privacy originated with an article in the Harvard Law Review in the 1890s written by lawyers "Bull" Warren and future Supreme Court Justice Louis D. Brandeis.

References in periodicals archive ?
Campaign-speech cases in particular indicate that much confusion still exists among lower courts about how to treat false statements that do not rise to the level of defamation, fraud, or false light.
So if Scripture sets up Christ as the true light and Satan (Anti-Christ) as the false light, then it should come as no surprise that McLuhan's interpretations follow these same lines.
In 1960, William Prosser conceived the modern framework for privacy torts and articulated four categories under which a claim could be brought: intrusion upon seclusion, public disclosure, false light, and appropriation.
31) Carpenter alleged in her complaint that "Leykis's comments about her during his July 24, 1998 broadcast were defamatory, caused negligent and intentional infliction of emotional distress, and placed her in a false light.
But on Monday, in a 126-page decision, a Pennsylvania district court allowed the defamation and false light claims to go to trial, ruling there s "sufficient evidence in the record to satisfy the clear and convincing evidence standard for actual malice.
Lake explores the false light invasion of privacy tort.
any form of invasion, infringement or interference with rights of privacy or publicity, including false light, public disclosure of private facts, intrusion, commercial appropriation of name or likeness, eavesdropping and wireless signal interception;
The dragon child, Draco Malfoy is filled with bad faith and basks in the reflected glow of his Death Eater father Lucius' false light.
This reference is also significant, since McQuoid-Mason in the quoted section, (24) distinguishes expressly between false light publication where non-defamatory but untrue information relating to a person is disseminated, and appropriation, where someone's identity is used without consent.
The False Light Doctrine and invasion of privacy claims.
Based on those and other statements reproduced in the court opinion, Tuite filed a complaint, which he later amended, alleging defamation per se, false light invasion of privacy, and intentional infliction of emotional distress.
Second, the court denied the motion to dismiss the claim that the superintendent was liable for slander per se and that he had also engaged in invasion of Christopher's common law right to privacy by disseminating statements that portrayed him in a false light to his classmates and the community at large.