Also known as: privacy · right of privacy · right to privacy · privacy right · rights of privacy · privacy rights
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A common-law doctrine imposing liability on one who appropriates another's name or likeness for personal benefit or who otherwise intrudes upon seclusion or publicizes private facts in an offensive manner. One who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other. One who has established a cause of action for invasion of privacy may recover damages for harm to the privacy interest, mental distress, and special damages.
A common-law doctrine imposing liability on one who appropriates another's name or likeness for personal benefit or who otherwise intrudes upon seclusion or publicizes private facts in an offensive manner. One who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other. One who has established a cause of action for invasion of privacy may recover damages for harm to the privacy interest, mental distress, and special damages.
Select any source to read its text and confirm it supports the definition.
A constitutional protection shielding individuals from unwarranted governmental interference in decisions concerning marriage, procreation, and family life. The right inheres in the individual and extends to matters fundamentally affecting personal autonomy such as the decision whether to bear or beget a child. Families have the right to expect privacy for actions within their homes and freedom from governmental interference in their domestic affairs.
Select any source to read its text and confirm it supports the definition.
A constitutional protection shielding individuals from unwarranted governmental interference in decisions concerning marriage, procreation, and family life. The right inheres in the individual and extends to matters fundamentally affecting personal autonomy such as the decision whether to bear or beget a child. Families have the right to expect privacy for actions within their homes and freedom from governmental interference in their domestic affairs.
Each sense below has its own examples, sources, and questions.
Pearl Porter discovers that Patrick Phan used her photograph without permission in a national advertising campaign for his fitness products. The campaign increased Phan's sales by associating the image with his brand. Porter sues for invasion of privacy and recovers because Phan appropriated her likeness for his commercial benefit.
Penelope Price learns that a neighbor secretly recorded conversations in her backyard and shared the recordings with others. The disclosure causes her emotional distress and reputational harm. She recovers damages for the invasion because the intrusion was highly offensive and caused provable injury.
Peter Park, a well-known athlete, sues a magazine for publishing private facts about his personal life that are highly offensive. The disclosure causes reputational harm. The court permits recovery only upon proof of actual malice because Park is a public figure.
Phoenix Technologies publishes private medical information about employee Patrick Phan without consent. Phan proves mental distress and lost business opportunities resulting from the disclosure. He recovers compensatory damages for harm to his privacy interest and the resulting special damages.
A plaintiff who establishes a cause of action may recover for harm to the privacy interest, mental distress of the kind that normally results from the invasion, and special damages caused by the invasion.
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Appropriation occurs when one uses another's name or likeness for personal benefit without consent, making the actor subject to liability for invasion of privacy.
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Priya Prasad, an unmarried college student, is denied contraceptive counseling at a state university health center because services are limited to married students. She challenges the policy as violating equal protection. The court holds that the privacy right applies to individuals regardless of marital status and strikes down the restriction.
Preston Pratt and his spouse disagree over how to discipline their children inside the home. A neighbor reports the disagreement to authorities who seek a court order regulating the family's internal practices. The court refuses to intervene, recognizing the family's right to privacy in domestic affairs.
No. The right inheres in the individual, married or single, and protects personal decisions such as whether to bear or beget a child from unwarranted governmental intrusion.
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No. Families have the right to expect privacy for actions within their homes and freedom from governmental interference in domestic affairs.
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…considered against important state interests in regulation. Pp. 152-166. (a) The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back as far as Union Pacific R. Co. v. Botsford , 141 U.S. 250 (1891), the Court has recognized that a right of personal privacy, or a guarantee of…