The Law According To Moses: An Invasion of Privacy
By Ambrose Moses, III
What can you do about someone sticking their nose into your private, personal affairs?
The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one’s privacy can cause harm.
There are four well-established lawsuit claims for invasion of privacy. They are appropriation; false light; intrusion; and disclosure.
What is intrusion? People have a general right to freedom from intrusions on their solitude and private concerns. Intrusion is defined as peering, probing, or prying into the solitude or private concerns of another. The lawsuit claim of intrusion is for unreasonable peering, probing, or prying into one’s solitude or private concerns. One classic example is someone opening your mail without your consent. Another classic example is a person who takes a peep (i.e., a brief look) in your window while you are changing your clothes.
The Elements of Intrusion
The basic elements of intrusion are (1) unreasonably, either intentionally or negligently, (2) intruding upon the solitude or private concerns of another. Because of the law of standing, generally only the person who has been intruded upon, or his or her guardian, can bring the lawsuit. Special damages and punitive damages, if any, must also be proven.
Defenses to Intrusion
The defendant in an intrusion lawsuit can challenge the plaintiff’s proof of the basic elements of intrusion. For example, the defendant may be able to show that the plaintiff did not have a reasonable expectation of privacy or that what the plaintiff contends is private is actually public.
A common defense to invasion of privacy is consent, express or implied. A person who accepts money or other considerations in exchange for an invasion of privacy is said to have sold his or her “rights.” Also, some defendants, such as police officers, have immunity if they are acting within the scope of their authority.
For more information contact Ambrose Moses, III, an attorney with Moses Law Office. Email: info@MosesLaw.pro. Telephone: (614) 418-7898.
