An individual’s right to privacy can be defined as the right to be free from public intrusion in addition to the right to be left alone. Although it is not explicitly mentioned in the text, the right to privacy is a concept that is deeply ingrained in several amendments to the United States Constitution.
This right has been developed through a number of important U.S. Supreme Court cases. Currently, most privacy protections stem from federal and state privacy statutes.
In addition, if a state does not mention a private right of action, an individual may be able to sue for an invasion of privacy based on one of four distinct causes of action found in tort law. Additionally, as technology advances, so does the need for privacy protections.
Certain individualized privacy rights also come from international laws or policies. Invasion of privacy is an unlawful intrusion into another individual’s personal life without their consent.
An individual may be sued for invading another individual’s right to privacy if they intrude upon an individual’s private affairs in a way that would be highly offensive to a reasonable person, such as:
- Attempting to spy through a closed curtain;
- Climbing a tree to take photos of an individual sleeping in their bedroom;
- Installing cameras in a private restroom; or
- Other similar acts.
In California, for example, it is a crime for an individual to illegally invade an individual’s right to privacy. For example, an individual may be charged with criminal invasion of privacy in California if they secretly record or take photos of a person changing clothes in a secluded room, such as a dressing or fitting room.
States vary in their recognition of invasion of privacy causes of action in addition to the elements that are required to prove them. Because of this, it is important for an individual to review their state’s invasion of privacy laws or consult with an attorney before bringing legal action.
What Are Some Examples of Invasion of Privacy?
When an individual’s reasonable expectation of privacy is broken, it is an invasion of privacy. For example, if an individual is conducting a private telephone call in their home or office that involves sensitive information and another individual is listening without their knowledge, permission, or an applicable exception, this act would constitute an invasion of privacy.
Unintentionally placing sensitive or personal materials in a public place, however, and another individual picking it up would not constitute an invasion of privacy. Examples of invasions of privacy that may result in legal action include:
- Intercepting calls illegally;
- Snooping into an individual’s private records
- Taking images or films of someone without their knowledge or consent inside their home or a private location;
- Unwanted phone calls; and
- Making public a topic about another individual’s private life.
The following are some examples of what is not considered an invasion of privacy:
- Hearing a phone call while an individual is in a public area;
- Reading a document left in a public place;
- Photographing a person in public; and
- Calling a person once or twice.
Can a Hotel Employee Enter My Room without My Permission?
Based on hotel guest rights to privacy, in general, if an individual is using their hotel room in an ordinary way, they may have a limited right of privacy in the hotel room. If, however, the hotel believes that an individual is engaging in illegal acts, the hotel management has the right to enter the room and search it without the individual’s permission.
Under no circumstances can a hotel authorize law enforcement to conduct a search of their room without their consent or without a proper search warrant.
Are There Other Legitimate Reasons Why a Hotel Employee May Enter My Room?
Under hotel privacy laws, there are several other legitimate reasons why a hotel may instruct employees to enter an individual’s room, including:
- To stop them from disturbing other guests or from destroying hotel property;
- To carry out housekeeping duties; or
- To perform necessary maintenance.
Can the Hotel Disclose Which Room I Am Staying In?
A hotel cannot disclose what room an individual is staying in. This would be considered a violation of the individual’s right to privacy.
A hotel, however, may disclose whether or not an individual is a guest at the hotel unless the guest expressly instructed the hotel staff not to do so.
Can I Sue a Hotel for Giving Out My Personal Information?
If an individual feels that their privacy has been invaded by a hotel, they may be wondering if they can file a lawsuit. It may be difficult to win these types of cases.
In order for an individual to sue a hotel for invasion of privacy, they will need to prove that the hotel invaded their privacy intentionally and that the individual suffered some type of damages as a result.
There are some hotel privacy acts that may also apply including:
- The Privacy Act: This act protects individuals’ records regarding personal identifying information such as their social security number and their name;
- The Fair Debt Collection Practices Act: This act attempts to protect consumers from third-party debt collectors by prohibiting behaviors such as harassment, threats, and deception while attempting to collect from them;
- The Electronic Communications Privacy Act: This act protects an individual’s personal information from unlawful wiretapping or recording of information sent via electronically; and
- The Children’s Online Privacy Protection Act: This act allows parents to control the information that is collected about their minor children, those under the age of 13.
How Do I Prove Invasion of Privacy?
The right to privacy is a highly valued part of life in the United States. It involves the legal right to be left alone and free from having other individuals meddling in things that are not their concern.
In order to establish that invasion of privacy occurred, an individual must show that their private matters have been intruded upon, disclosed, published in a false light, or that their name has been utilized for personal advantages, such as in advertising.
In addition, the plaintiff must demonstrate that the damages experienced are a result of the use of their name or likeness.
What Remedies Are Available for Invasion of Privacy?
There are several possible remedies that may be available for invasion of privacy. One of the most common remedies in monetary damages, or financial compensation for their losses.
If the invasion of privacy is likely to continue, an injunction or a restraining order may be available remedies for a successful invasion of privacy lawsuit. In an invasion of privacy claim, a plaintiff is not required to prove a particular pecuniary loss.
In these types of cases, emotional hardship and mental agony may be sufficient grounds for bringing a civil complaint.
Do I Need a Lawyer?
If an individual believes that the management at a hotel they were staying at authorized an illegal search of your hotel room in violation of your privacy, it is important to consult with a government lawyer. If law enforcement was involved, an attorney will be able to determine if they follow the proper procedures for conducting a search, even if they had a search warrant.
If the hotel staff provided your information when they were not supposed to and you suffered damages as a result, a lawyer may be able to help you obtain damages.
