Invasion of privacy claims can arise under the Constitution and statutes protecting privacy rights. More commonly, however, invasion of privacy claims arise under common law theories of negligence and outrageous behavior. Here are some tips to help you prove a common law invasion of privacy claim.
Prove that there was an unreasonable intrusion upon your solitude. To prove this, you must show that the intrusion upon your seclusion or solitude was intentional, the intrusion invaded your private affairs or concerns and this intrusion was something that would be considered highly objectionable to a reasonable person.
Establish appropriation. Showing that your name, likeness or identity was appropriated by another for commercial gain is another way to prove an invasion of privacy case.
Provide evidence of unreasonable publicity. Establishing that unreasonable publicity was given to your private life and concerns is another way to prove an invasion of privacy case. This type of disclosure must be so outrageous so as to offend the public's sense of decency.
Show that you were placed in a false light. Any sort of publication that unreasonably places you in a false or even misleading light in front of the public may be enough to prove that your privacy was invaded. Again, this invasion of privacy must be something that would be considered highly offensive to a reasonable person.
- Remember that public figures, like politicians and celebrities, have fewer and different privacy rights.
- You should consult with an attorney if you have any questions at all regarding how to prove an invasion of privacy case under your state laws.