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PRIVACY LAW
Intrusion of solitude and seclusion
Intrusion of solitude occurs where one person exposes another to
unwarranted publicity. In a famous case from 1944, author Marjorie Kinnan
Rawlings was sued by Zelma Cason, who was portrayed as a character in
Rawlings' acclaimed memoir, Cross Creek.The Florida Supreme Court held
that a cause of action for invasion of privacy was supported by the facts of the
case, but in a later proceeding found that there were no actual damages.
Intrusion upon seclusion occurs when a perpetrator intentionally intrudes,
physically, electronically, or otherwise, upon the private space, solitude, or
seclusion of a person, or the private affairs or concerns of a person, by use of
the perpetrator's physical senses or by electronic device or devices to
oversee or overhear the person's private affairs, or by some other form of
investigation, examination, or observation intrude upon a person's private
matters if the intrusion would be highly offensive to a reasonable person.
Hacking into someone else's computer is a type of intrusion upon privacy,as
is secretly viewing or recording private information by still or video cameraIn
determining whether intrusion has occurred, one of three main considerations
may be involved: expectation of privacy; whether there was an intrusion,
invitation, or exceedance of invitation; or deception, misrepresentation, or
fraud to gain admission. Intrusion is “an information-gathering, not a
publication, tort…legal wrong occurs at the time of the intrusion. No
publication is necessarRestrictions against the invasion of privacy
encompasses journalists as well:
“The First Amendment has never been construed to accord newsmen
immunity from torts or crimes committed during the course of newsgathering.
The First Amendment is not a license to trespass, to steal, or to intrude by
electronic means into the precincts of another’s home or office
Public disclosure
Public disclosure of private facts arises where one person reveals information
which is not of public concern, and the release of which would offend a
reasonable person."Unlike libel or slander, truth is not a defense for invasion
of privacy. Disclosure of private facts includes publishing or widespread
dissemination of little-known, private facts that are non-newsworthy, not part
of public records, public proceedings, not of public interest, and would be
offensive to a reasonable person if made public.