Invasion of Privacy as a Cause of Action in Connecticut
Privacy is a fundamental aspect of our lives that allows us to maintain a sense of autonomy and control over our personal information. However, there are situations where individuals may violate this right, leading to what is legally known as invasion of privacy. In this article, we will explore this cause of action, the various forms it can take, and the potential legal consequences for those who infringe upon this right.
What is Invasion of Privacy?
This cause of action occurs when someone unlawfully encroaches upon another person’s right to keep certain aspects of their life private. If this invasion of privacy causes harm to the affected individual’s interests, the responsible party can be held liable for their actions.
You might also consider the cause of action: Negligent Infliction of Emotional Distress.
Forms of Invasion of Privacy
There are four main forms of this cause of action, each of which encompasses different scenarios where privacy rights are violated.
1. Intrusion upon Seclusion
This form involves intentional and offensive intrusions into someone’s private life, either physically or in other ways. For example, if someone were to intentionally snoop through another person’s personal belongings it could be considered an intrusion upon seclusion.
2. Appropriation of Name or Likeness
Appropriation occurs when someone uses another person’s name or likeness for their own benefit without permission. This could involve unauthorized use of someone’s image in advertisements or falsely attributing someone’s work as their own.
3. Publicity Given to Private Life
When someone publicizes private information about another person without their consent, it can lead to an invasion of privacy. To be legally actionable, the publicity must be both highly offensive to a reasonable person and not of legitimate concern to the public. Examples may include publishing private medical records or disclosing intimate details of someone’s personal life without their consent.
4. Publicity Placing Person in False Light
This form of invasion of privacy occurs when false information is disseminated about an individual, placing them in a false light that would be highly offensive to a reasonable person. For this type of invasion of privacy to be legally actionable, the responsible party must have knowledge of or act with reckless disregard for the falsity of the information and the harm it may cause.
The Impact of Publicity on Privacy
“Publicity” in this context refers to making private information widely known to the public or a substantial number of people. It differs from “publication” in defamation cases, which involves communication to a third person. Typically, sharing private details with a single person or a small group may not be considered an invasion of privacy. On the other hand, sharing information through newspapers, magazines (even with limited readership), widely distributed handbills, radio broadcasts, or public speeches to large audiences qualifies as “publicity.” Understanding this distinction is crucial in protecting our privacy rights and fostering a culture that respects personal boundaries.
In some states, however, sharing information to one person may satisfy the publicity element of invasion of privacy.
For example, in McSurely v. McClellan, the court held that disclosure to one person could be actionable when government officials disclosed information about the plaintiff’s pre-marital affair to the plaintiff’s spouse. McSurely v. McClellan, 753 F.2d 88, 112 (D.C. Cir. 1985).
Legal Consequences
If someone is found guilty of this cause of action, they may be held liable for any resulting harm or damages caused. This could include compensating the affected individual for emotional distress, loss of reputation, or other negative consequences suffered as a result of the invasion of privacy.
Conclusion
Invasion of privacy is a serious violation that can cause significant harm to individuals’ personal lives. Understanding the various forms of invasion of privacy can help us identify and protect our rights when they are infringed upon. By upholding the principles of privacy, we can ensure a safer and more respectful society where personal boundaries are respected.
Find the Law
“We observed that the law of privacy has not developed as a single tort, but as a complex of four distinct kinds of invasion of four different interests of the plaintiff, which are tied together by the common name, but otherwise have almost nothing in common except that each represents an interference with the right of the plaintiff to be let alone. . . . The four categories of invasion of privacy are set forth in Restatement (Second), Torts § 652A [1977] as follows: (a) unreasonable intrusion upon the seclusion of another; (b) appropriation of the other’s name or likeness; (c) unreasonable publicity given to the other’s private life; or (d) publicity that unreasonably places the other in a false light before the public.” Foncello v. Amorossi, 284 Conn. 225 (Conn. 2007).
“To establish a claim for intrusion upon the seclusion of another, a plaintiff must prove three elements: (1) an intentional intrusion, physical or otherwise, (2) upon the plaintiff’s solitude or seclusion or private affairs or concerns, (3) which would be highly offensive to a reasonable person.” Parnoff v. Aquarion Water Co. of Conn., 188 Conn. App. 153 (Conn. App. Ct. 2019).