by Richard R. Hammar, J.D., LL.M., CPA

Invasion of Privacy

§ 4.04
Key point 4-04. Many states recognize "invasion of privacy" as a basis for liability. Invasion of privacy may consist of any one or more the following: (1) public disclosure of private facts; (2) use of another person's name or likeness; (3) placing someone in a "false light" in the public eye; or (4) intruding upon another's seclusion.

The term invasion of privacy encompasses four separate kinds of conduct. Some states recognize some or all of these varieties of invasion of privacy.[66] Some states do not recognize all four kinds of invasion of privacy. See, e.g., Mulinix v. Mulinix, 1997 WL 585775 (unpublished, Minn. App. 1997) (invasion of privacy not recognized in Minnesota); Hanssen v. Our Redeemer Lutheran Church, 938 S.W.2d 85 (Tex. App. 1997) (“false light” invasion of privacy not recognized in Texas).

1. PUBLIC DISCLOSURE OF PRIVATE FACTS

Those who give publicity to the private life ...

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