Violation of Privacy Laws
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What Are Privacy Rights?
Privacy rights refer to a person’s rights to be free from intrusion into aspects of their life such as their living space, belongings, and physical body. "Privacy rights" often refers to a person’s right to be free from unreasonable searches by the police or government agents. It may also refer to similar rights to be free from intrusion by businesses, corporations, and individual citizens.
There are various federal, state, and constitution-based privacy laws that protect privacy rights for individuals.
What Are Some Common Settings Where Violation of Privacy Rights Can Occur?
Depending on the setting and relationship between the parties, a person’s privacy rights can differ drastically. For instance, a student might have less privacy rights while at school than a person who is at home. Some common settings where privacy right violations can occur include:
- At school
- Employer/employee privacy, especially privacy during off-work hours
- In hotel rooms and lodges
- At retail stores (i.e., in dressing rooms, bathrooms, etc.)
- In a dwelling place (i.e. tenant privacy rights)
- With regards to documents such as health care information, cell phone data, internet usage, etc.
- Patient privacy rights or violation of health information privacy
- Searches by the police
Generally speaking, a person has the most privacy rights when they are at home or while on their own property. Privacy rights may diminish when the person is at work, at school, or on government-owned property. As mentioned, rights will vary greatly depending on many different factors.
What Are Some Legal Consequences for Violation of Privacy?
Some legal consequences of privacy violations may include:
- Legal damages for losses caused by the privacy violation
- Changes in security policies and settings (especially at work or school)
- Confiscation of evidence from trial (for instance, when police violate privacy rights during a search)
- In many cases, police may need a warrant before they perform actions that might violate a person’s rights.
Do I Need a Lawyer for Help with Privacy Laws?
Privacy laws can be complicated and may vary greatly depending on the situation at hand. It’s in your best interests to hire a qualified attorney in your area if you are facing any legal issues with privacy rights. Your attorney can inform you of your rights and can assist you with research and representation during trial.
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Last Modified: 07-29-2015 12:46 PM PDT
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