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Invasions of Privacy

Invasions of Privacy happen in multiple ways:

Misappropriation 

This type of claim protects the plaintiff (the person suing) from having their name or likeness used by the defendant (the person being sued), usually for some advantage or benefit to the defendant.

This claim does not protect the name but the economic value of the name.

Right to Publicity

It is like Misappropriation. However, this property right protects the name and likeness of a deceased person.

This claim would fall under a Survival claim. These claims allow certain family members of the death to bring civil claims that the deceased could have brought themselves.

Intrusion into Seclusion

It occurs when a defendant intentionally intrudes upon the solitude, seclusion, or private affairs or concerns of another. 

The intrusion must be highly offensive to a reasonable person to recover from it. And the intrusion needs to cause injury to the person whose privacy was violated.           

Public Disclosure of Private Facts

This type of claim occurs when private facts are made public; making those facts public would be highly offensive to a reasonable person. The facts made public are not a valid public concern.

For Example, A court has held that even married couples are entitled to privacy from one another. Spouse “A” making a recording, or someone, spouse “A,” hires to make a recording of spouse “B” when “B,” thinks they are in complete privacy could be a claim that allows recovery of damages.