Warning
Info
Warning
Info
Simple English definitions for legal terms
right of privacy
Read a random definition: bird-nesting
A quick definition of right of privacy:
The right of privacy is the right to have control over your own personal life and information. This means that you have the right to keep your personal activities and information private, and to be free from unwanted attention or exposure. While the U.S. Constitution does not explicitly mention a right to privacy, the Supreme Court has recognized that it is implied in certain constitutional guarantees. There are different types of invasion of privacy, such as appropriation (using someone's name or likeness for commercial gain), false light (placing someone in a false or objectionable light in the public eye), intrusion (intentionally interfering with someone's private affairs), and public disclosure of private facts (revealing private information about someone in an objectionable manner).
A more thorough explanation:
The right of privacy is the right to personal autonomy and the right of a person and their property to be free from unwarranted public scrutiny or exposure. Although the U.S. Constitution does not explicitly provide for a right of privacy or for a general right of personal autonomy, the Supreme Court has repeatedly ruled that a right of personal autonomy is implied in the “zones of privacy” created by specific constitutional guarantees.
Invasion of privacy is an unjustified exploitation of one's personality or intrusion into one's personal activities, actionable under tort law and sometimes under constitutional law. There are four types of invasion of privacy:
- Invasion of privacy by appropriation: The use of another's name or likeness for one's own benefit, especially commercial gain. For example, using a celebrity's image to sell a product without their permission.
- Invasion of privacy by false light: The use of publicity to place another in a false light in the public eye. The false light may or may not be defamatory or fictional, but the public use must be one that a reasonable person would object to under the circumstances. For example, publishing a misleading headline that implies a person did something they did not do.
- Invasion of privacy by intrusion: An offensive, intentional interference with a person's seclusion or private affairs. For example, secretly recording someone in their home without their knowledge or consent.
- Invasion of privacy by public disclosure of private facts: The public revelation of private information about another in an objectionable manner. Even if the information is true and nondefamatory, a cause of action may arise. For example, publishing someone's medical records without their permission.
These examples illustrate how invasion of privacy can occur in different ways and how it can violate a person's right to privacy. It is important to respect people's privacy and obtain their consent before using their personal information or likeness.