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Determining the Type of Invasion of Privacy Claim

Florida recognizes a cause of action for invasion of privacy. The right of privacy is personal in nature. A cause of action for invasion of privacy can only be commenced by a living individual whose privacy is invaded. Therefore, the cause of action is not assignable, nor can it be maintained by other persons, such as members of the individual's family, unless their own privacy is invaded along with the individual's. The right of privacy is essentially an individual's right to be left alone, to live one's life free from unwarranted publicity, and to live in a community without being held up to public gaze if one does not want to be. Invasion of privacy is not intended to be duplicative of any other tort. Instead, invasion of privacy is a tort in which the focus is the right of a private person to be free from public gaze. The right to privacy is distinct in and of itself and not merely incidental to some other right.

There are four primary categories for the invasion of privacy tort:

  • Intrusion on the plaintiff's physical seclusion or solitude;

    Public disclosure of private facts about the plaintiff;

    Publicity that places the plaintiff in a false light in the public eye; and

    Appropriation of the plaintiff's name or likeness for the defendant's benefit or advantage.

    It is possible for a fact situation to involve one or more types of invasion of privacy. However, the single publication/single action rule governs the torts of invasion of privacy. Multiple actions cannot be established when they arise from the same publication upon which a failed defamation claim is based.

    If you believe your right to privacy has been violated, the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. are here to help you. Call 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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