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 ?
Finally, analogies can be drawn between the tort of false light and the allied claim of defamation and child pornography possession.
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.
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.
The reference to McQuoid-Mason (25) also draws attention to another ground on which the distinction between false light publicity and appropriation can be viewed as separate ways in which the right to identity can be violated.
The coverage may help protect in such situations as an executive who sends out an errant blog, an individual who attaches an article to a blog that they didn't have a right to use on a copyright basis, or someone who portrays a third-party in a false light.
The writer should never knowingly mislead the reader, misrepresent a situation, or place any person in a false light.
Those punish snoops who pry into someone else's private affairs, anyone who publicly discloses embarrassing private facts, and publicity that shows someone in a false light.
The suit also alleges that Wood, ABPG Chairman and CEO Olivia Farrell and ABPG President Jeff Hankins "have each maliciously, knowingly, willfully, deliberately, recklessly, wantonly and illegally asserted, maintained and published words and figures which are libelous of plaintiff, and which operate to invade the privacy of the plaintiff and cast plaintiff in a false light.
To the extent (the boy) is asserting that the school and the county placed him in a false light by allowing him to be seen as the subject of an investigation into terrorist threats, his argument fails because he was not placed in a false light - he was the subject of the investigation,'' the opinion said.
The first issue includes coverage of cases dealing with negligent hiring, slander, emotional distress, ERISA plans, false light claims, the use of company vehicles, and the extent of subcontractors liability.
and the accompanying photographs put mountain lions in a false light.