Invasion of Privacy

What is invasion of privacy?

Invasion of privacy refers to a legal claim that another person or entity has violated an individual’s right to privacy. There are four main types of invasion of privacy torts in Florida:

• Intrusion: This occurs when someone intentionally intrudes into another person’s private affairs.
• Public disclosure of private facts: This occurs when someone publicly reveals private information about another person that would be offensive to a reasonable person.
• False light: This occurs when someone publicly presents another person in a false light that would be offensive to a reasonable person.
• Appropriation of name or likeness: This occurs when someone uses another person’s name or likeness for commercial gain without their permission.

A common example of an invasion of privacy in Florida is the unauthorized surveillance or recording of an individual’s private conversations without their consent. Unconsented surveillance includes secretly recording someone’s phone calls, planting hidden cameras, or intercepting electronic communications. A person who is the victim of an invasion of privacy tort in Florida may be entitled to damages, including compensation for any harm to their reputation or emotional distress.

In a business context, invasion of privacy refers to any unauthorized access, collection, use, disclosure, or dissemination of personal or confidential information about employees, customers, or business partners. Invasion of privacy claims can have serious consequences, including damage to the company’s reputation, loss of customer trust, and legal liability. Therefore, businesses must implement strong privacy policies and procedures to protect the personal and confidential information of their employees, customers, and business partners.

Need help with an invasion of privacy action? Schedule your consultation today with a top business litigation attorney.

What legal issues typically arise related to invasion of privacy?

The following disputes commonly accompany an invasion of privacy claim:

• Statutory violations: An invasion of privacy could violate state and federal laws, and potential plaintiffs may be able to recover statutory and punitive damages.
• Tort liability: An invasion of privacy may amount to a tort, such as intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, or false light.
• Constitutional claims: If a governmental entity causes an invasion of privacy, constitutional claims for violation of the Fourth Amendment right to be free from unreasonable searches and seizures or the Fourteenth Amendment right to due process may be available.
• Employment disputes: An invasion of privacy can also arise in the employment context, such as when an employer conducts unlawful searches of an employee’s workspace or monitors their electronic communications without their consent.
• Data security and privacy: A business’ failure to properly secure personal or confidential information may also implicate an invasion of privacy.

What are relevant laws related to invasion of privacy in Florida?

In Florida, the state constitution and various laws provide recourse for invasion of privacy, including:

• Florida Constitution Article I, Section 23: This provision protects an individual’s right to privacy and protects personal information.
• Florida Statutes Chapter 934: This chapter and its statutes govern the interception and disclosure of wire, oral, or electronic communications
• Florida Statutes Chapter 810: This chapter and its statutes deal with various criminal offenses, including unauthorized video surveillance and using cameras to photograph or record individuals in areas where they have a reasonable expectation of privacy.
• Florida Statutes Chapter 943: This chapter and its statutes govern the interception, disclosure, and use of criminal history records and criminal intelligence information, specifically for law enforcement purposes

As mentioned above, invasion of privacy can also lead to civil liability as a tort, such as intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, or false light.

What is required to prove a case of invasion of privacy in Florida?

The elements for a claim of invasion of privacy in Florida are:

• Intentional conduct: The defendant must have engaged in intentional conduct that invaded the plaintiff’s privacy;
• Unreasonable intrusion: The defendant’s conduct must have been an unreasonable intrusion into the plaintiff’s private affairs or matters;
• Seclusion or solitude: The plaintiff must have been in a place where they reasonably expected seclusion, solitude, or privacy; and
• Offensive or objectionable: The defendant’s conduct must have been highly offensive or objectionable to a reasonable person.

When a set of facts is appropriate to meet the requirements of an invasion of privacy, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies, such as:

• Injunctions
• Monetary Damages
• Statutory Damages
• Attorney’s fees

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to invasion of privacy in Florida?

The primary defenses to an invasion of privacy in Florida include the following:

• The plaintiff has not proved a necessary element of the action: Argues that the plaintiff has failed to prove one or more elements required to establish the invasion of privacy claim.
• Implied consent: Argues that the individual’s actions or circumstances indicated their agreement to the invasion of privacy.
• Express consent: Argues that the individual voluntarily and explicitly agreed to the invasion of privacy.
• Waiver: Argues that the individual gave up their right to privacy by taking some action that indicated their willingness to have their privacy invaded.
• Privilege: Argues that the defendant had a legally recognized right or obligation to invade the individual’s privacy, and as a result, they cannot be held liable.

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Have more questions about an invasion of privacy-related situation?

Crucially, this overview of invasion of privacy does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.