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Invasion of Privacy

Intentional Torts : Invasion of Privacy

Florida recognizes a cause of action for invasion of privacy.  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.

To determine the extent of the right of privacy, the standard by which the right is measured is based on the person of reasonable sensibility.  A hypersensitive individual will not be protected.  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.

     

    The first three theories of recovery are common-law theories, while the fourth theory, appropriation, is statutory. It is possible for a fact situation to involve one or more types of invasion of privacy. In considering the four types of invasion of privacy it is clear that invasion of privacy is a separate and distinct cause of action from libel or slander; three of the four types of invasion of privacy do not reference any type of false information or defamation. Only false-light invasion of privacy deals with any issue of falsehood, and even then, the tort may exist when the facts published are completely true.

    If you believe your right to be 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.

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