Invasion of privacy is a common law tort that allows an aggrieved party to sue a third party for violating their personal privacy. The plaintiff has the burden of proving that the disclosure was highly offensive to the aggrieved party. Publications that make private information public can be a violation of privacy, but not all of them are. The media may also be liable for publishing an otherwise public record. Car Accident Lawyers
Invasion of privacy cases can include false statements in the media and harm to a plaintiff's reputation. However, if the media intentionally published erroneous statements, truth is no longer an effective defense. Likewise, the publication of gratuitous private information can constitute invasion of privacy. In addition to these exceptions, there are several important considerations when determining what constitutes a legitimate invasion of privacy lawsuit settlement.
Invasion of privacy cases can involve punitive damages. Although an invasion of privacy is not usually worth the full amount of damages sought, a plaintiff may recover mental anguish if his or her private life was violated. The amount of such damages depends on the facts of the case and the trier of fact. A plaintiff may also claim compensatory damages, which are based on the value of the benefit the appropriator received or pecuniary loss suffered by the plaintiff.
Another type of invasion of privacy involves the unwarranted publication of a person's name or likeness. A case in which a plaintiff was sued for an intentional invasion of privacy involved an actor's name and likeness. Lugosi v. Universal Pictures, Inc., a movie company, won the case in 1979. The defendant's negligence, however, could be a contributing factor to a settlement in the case.
Facebook recently reached a $650 million data privacy settlement in a class-action lawsuit. The settlement is the largest ever for an invasion of privacy lawsuit. The company must change its data collection practices. It must no longer store face templates and must turn off facial recognition scans. The settlement was announced in November, but checks could be in the mail within two months of being approved. Further, Facebook will have to change its privacy policies and abide by the law.
False light invasion of privacy claims differ depending on the plaintiff's status. Public figures must show actual malice on the defendant's part, while private figures must prove that they were negligently misrepresented in making the false statement. False light invasion of privacy is similar to defamation, but it can be more difficult to prove because the alleged false statement must be particularly offensive to the plaintiff. A successful invasion of privacy lawsuit settlement will make the defendant accountable for the violation of the plaintiff's privacy.