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Violation of Privacy Laws | LegalMatch Law Library

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How is a Person’s Right to Privacy Protected?

Generally, privacy rights refer to a person’s right to be free from intrusion into their personal life by another individual, business or the government. There are both federal and state laws that protect a person’s right to privacy.

In addition, the Supreme Court has held that there are several amendments to the United States Constitution that imply that individuals have a right to privacy.

When Can a Person’s Privacy Rights be Violated?

Whether a person’s privacy rights have been violated will depend greatly on the surrounding circumstances and the relationship between the parties.

Generally speaking, a person has the most privacy rights when they are at home or while on their own property. Besides this, the right to privacy exists in some capacity in the following situations:

  • At school;
  • In hotel rooms and lodges;
  • In dressing rooms and bathrooms;
  • Searches by law enforcement;
  • In an employment setting, especially during off-work hours; and
  • When dealing with your medical records and information.

It is important to remember that your rights can be limited depending on the situation. Privacy rights may diminish when a person is at work, at school, or on government owned property.

For example, an employer who is monitoring your work emails or other correspondence generally will not be found to have violated your privacy rights.

What Laws Protect a Person’s Right to Privacy?

As noted above, while it is not explicitly stated in the text, the Constitution has been found to imply that each person has a basic right to privacy. In addition, the Fourth Amendment of the Constitution grants citizens the right to be secure against unreasonable searches and seizures by law enforcement, noting that probable cause must be present for a search to occur.

You may also be able to sue someone under tort law for invasion of privacy. While this may vary between the states, it generally refers to when someone:

  1. Intrudes into another person’s private affairs;
  2. Discloses private information about someone to a third-party;
  3. Places someone in a “false light”; or 
  4. Uses another person’s identity for personal gain.

Lastly, there are various state and federal laws that apply to a person’s right to privacy. For example, HIPAA laws set limits on when and how health care providers and health insurance companies can share your medical information.

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What are Some Legal Consequences for Violation of Privacy?

Depending on the type of privacy violation you experience, you may be able to take legal action against the person who violated your privacy. Some potential legal consequences are:

  • Damages for losses caused by the privacy violation;
  • Changes in security policies and settings (especially at work or school); and
  • Confiscation of evidence from trial that was illegally obtained through an improper search or seizure.

Do I Need an Attorney if I Believe my Privacy Rights Have Been Violated?

Privacy rights can be complicated and may be violated in a number of different situations. If you think your rights have been violated and want to take legal action, you will probably want to hire a personal injury attorney to assist you.

An attorney can analyze your case and give you an opinion about whether a privacy violation has occurred. In addition, an attorney can represent you in any legal proceedings that may follow.

Photo of page author Ashley Folk

, LegalMatch Legal Writer

Last Modified: 05-08-2018 02:05 PM PDT

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