An invasion of privacy is infringement on your right to privacy, marked by unwanted actions. While this can occur in physical properties, such as if someone is intruding on your space, it can also be digital offenses, such as someone using your IP content or sharing your sensitive business information.
In our digital age, dealing with an invasion of privacy is a common occurrence and something business owners, data handlers, and general consumers need to be aware of to safeguard their content and protect their assets.
Read the rest of this article to better understand invasion of privacy, such as the four torts of privacy and how you can protect yourself and your business.
What are the Four Torts of Privacy?
Privacy torts protect people from invasions of their personal space and information. There are four main types.
Intrusion Upon Seclusion
This includes an offensive physical or electronic intrusion. Common examples include hidden cameras installed in a bedroom or trespassing into someone’s property.
Public Discourse of Private Facts
This is a disclosure of sensitive, private information that’s not of a public concern.
False Light Publicity
Portraying someone in a false light is similar to defamation. In the media, this could include selective omissions of facts in a blog or article to create a fake impression of a celebrity.
Appropriation of Name or Likeness
This is when someone uses another person’s name or likeness in a way that’s not allowed. For example, they might use images of a person in video content without their permission.
What are Common Privacy Challenges?
There are many types of privacy challenges and risks. These include:
- Identify theft. Someone can access your private information and try to steal your identity. Examples include data breaches and phishing.
- Data collection. Apps and websites log information from visitors which can violate their privacy, such as by accessing their messages.
- Smart devices. Speakers, cameras, and other devices can be listening in on conversations or recording people’s likeness.
- Workplace privacy concerns. This can include being monitored on company devices.
How Can You Protect Yourself from Privacy Invasions?
Whether you’re an individual or business owner, there are things you can do to maintain your privacy and protect your interests.
Reduce Your App Exposure
You should review all app permissions on your devices so that you guard against identity theft.
Use Digital Tools
There are many different tools you can use to protect yourself, such as VPNs if you’re using public wifi and internet browsers that provide tracking protection.
Be Aware of Workplace Policies
How are you being monitored in the workplace? Get informed about your workplace’s policies, such as by reviewing all employee documents.
Know About the Privacy Laws
You should know the privacy laws in your location so you can gauge your rights in a privacy dispute. For example, in the U.S., the Health Insurance Portability and Accountability Act (HIPAA) protects against disclosure of health information.
Be Aware of Phishing Scams
Phishing is when scammers try to gain your private information, such as by sending you emails that seem to be from reputable companies but are attempts to steal your data.
What are Common Invasion of Privacy Disputes?
If you feel like your privacy has been violated, you might enter into a dispute. Common privacy disputes can arise over neighbor disputes, such as if someone who lives next door is spying on you; workplace monitoring, such as when bosses use online tracking tools; and data breaches that steal your sensitive information.
For privacy claims to be valid, they need to follow specific criteria, such as:
- The content in the material that’s invading your privacy must be viewed as offensive to the average person.
- If information is released to the public, it needs to not have been of legitimate public concern.
- You need to show evidence that your privacy has been disclosed or violated. For example, a screenshot of someone admitting that they accessed your information.
What Legal Remedies Protect Your Privacy?
There are several legal solutions you can use to protect your privacy. When filing a lawsuit against someone who’s violating your privacy, you could request:
- Injunctions. This is when the court orders the other party to stop their offensive behavior.
- Restraining orders. If you’re being stalked or harassed by someone, you can request a protection or restraining order.
- Punitive damages. Usually, if the privacy invasion is found to be malicious and willful, the offending party will have to pay financial damages.
- Compensatory damages. These provide cover for physical, financial, and emotional losses that the victim of the intrusion has experienced.
Why Should You Consult with a Privacy Lawyer?
If you’re dealing with a privacy dispute or violation, you should always consult with a privacy lawyer. Privacy laws vary by state, so a lawyer will know how to deal with the matter in a legal way.
You should hire a lawyer on ContractsCounsel, an online legal network connecting clients with vetted lawyers. They’re experienced in helping clients handle stressful privacy violations.
Here’s how a lawyer will help you with an invasion of privacy:
- They’ll collect evidence to help you determine if your suspicions are valid privacy invasions.
- They’ll provide explanations of the appropriate laws that affect your situation or case.
- They’ll guide you on the best methods for dealing with the invasion of policy.
- They’ll draft important documents to help you navigate privacy disputes, such as demand letters.
What Should You Do During an Invasion of Privacy?
There are some important things to do if someone is invading your privacy to strengthen your case.
Put Everything in Writing
Collect evidence that the other person is violating your privacy, such as messages, emails, screenshots, and other communication or evidence of their behavior. This will help you if you need to consult with a lawyer.
Send a Demand Letter
Sending the offending party a demand letter is important. It lets them know about the invasion of privacy and that you will take legal action if they don’t change their behavior. It’s best for a lawyer to draft your demand letter so that it’s legally enforceable.
You can post a project for free on ContractsCounsel to connect with a privacy lawyer who is experienced in drafting demand letters. You’ll receive multiple bids from which to choose a lawyer, based on their experience and other data on the platform.
Consider Filing a Complaint
You can sue the privacy violator in civil court. It’s common to do this if you want to request monetary damages from them. You’ll need to demonstrate evidence of the violation and work with a privacy lawyer to follow all the steps required for filing a claim.
When filing a complaint, provide information about the nature of privacy intrusion and what damages you’ve suffered. These could be monetary, emotional, or psychological.
Although they can be successful, civil lawsuits are usually a last resort if other attempts to stop the offensive behavior haven’t worked. This is because they can be lengthy and costly.
Do you need help with an invasion of privacy?
If you find yourself dealing with a stressful privacy invasion dispute, you want to get legal guidance. Connect with a lawyer on ContractsCounsel, who’ll protect your interests and minimize your risks.
