Monday, August 29, 2011

Pennsylvania Invasion of Privacy Law


Invasion of Privacy law in Pennsylvania is a term that gets thrown around a lot. But what is the law in Pennsylvania on Invasion of Privacy?  Well it turns out invasion of privacy can occur in four different ways in Pennsylvania.

The first alternative is when someone intentionally intrudes, physically or otherwise, on the solitude or seclusion of another person, or the person’s private affairs or concerns. If that happens, in Pennsylvania the offending party is responsible to that injured person for the harm suffered as a result of this invasion of privacy if a similar intrusion upon the solitude or seclusion or private affairs and concerns of a reasonable person would be deemed highly offensive to that reasonable person.

The second alternative is when someone in Pennsylvania appropriates the name or likeness of another person for his or her own use or benefit. The identity thief is responsible to that other person for all harm suffered as a result of this invasion of privacy.

The third alternative is when someone negligently (carelessly) gives publicity to a matter concerning the private life of another person without that persons permission. If you do that you can be held responsible to that other person for all harm caused by this invasion of his privacy if: 1. publicizing matter of this kind about a reasonable person would be highly offensive to that reasonable person and 2. the matter is not one of legitimate concern to the public.

The fourth alternative for invasion of privacy is when someone gives publicity to a matter concerning another person that places that other person before the public in a false light. The offending person is responsible to that injured person for all harm suffered as a result of this publicity if: 1. publicizing matter of this kind about a reasonable person would be highly offensive to that reasonable person and 2. the person giving the publicity acted with knowledge of the falsity of the matter or in reckless disregard of whether it was true or false.

And to clarify, legal speaking in Pennsylvania, conduct that is highly offensive to a reasonable person is conduct that a reasonable person, in similar circumstances, would find very objectionable or that a reasonable person in similar circumstances could be expected to take with serious offense.

Publicity means that the matter is communicated to the public at large or to so many persons that the matter must be regarded as substantially certain to become public knowledge.

This hopefully will clarify a little about what actually constitutes Invasion of Privacy in Pennsylvania.

For the plaintiff the PRO to this type of claim is that it is intentional and thus subject to punitive damages. The CON is that intentional torts are rarely covered by insurance so you will often be stuck trying to get money from the villain personally.

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1 comment:

  1. The first alternative is when someone intentionally intrudes, physically or otherwise, on the solitude or seclusion of another person, football banning order

    ReplyDelete