Invasion of Privacy Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. Generally, unlike libel, truth is not a defense for invasion of privacy. As a result, many states, including Nevada, have enacted what are termed “false light” laws. These laws are intended to protect the plaintiffs mental or emotional well-being against the publication and dissemination of information that is private and of no concern to the public writ large. If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred. The United States Constitution protects a person’s expectation of privacy and creates a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. Generally, there are two types of expectations of privacy: A subjective expectation of privacy is an opinion of a person that a certain location or situation is private. These obviously vary greatly from person to person. An objective, legitimate or reasonable expectation of privacy is an expectation of privacy generally recognized by society. Examples of places where a person has a reasonable expectation of privacy are persons residence or hotel room and public places which have been specifically provided by businesses or the public sector to ensure privacy, such as public restrooms, private portions of jailhouses, or a phone booth. In general, one cannot have a reasonable expectation of privacy in things held out to the public. A well-known example is that there is no privacy rights in garbage left for collection in a public place. Other examples include: account records held by the bank, a persons physical characteristics (including blood, hair, fingerprints, fingernails and the sound of your voice), what the naked eye can see below in public air space (without the use of special equipment), anything in open fields (eg. barn), odors emanating from your car or luggage and paint scrapings on the outside of your car. Where a person has a reasonable expectation of privacy and that privacy is invaded, then a claim for tortuous invasion of privacy may exist.
Posted on: Sat, 03 Jan 2015 21:54:12 +0000
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