Baldwin & Briscoe P.C.
301-862-4400
22335 Exploration Drive Ste. 2030
Lexington Park, MD 20653
OUR FIRM PRACTICE AREAS ATTORNEYS RESOURCES CONTACT US Visit Baldwin & Briscoe on FacebookVisit Baldwin & Briscoe on TwitterVisit Baldwin & Briscoe on LinkedIn

 

Invasion of Privacy

 

The tort of invasion of privacy is designed to protect individuals from unreasonable intrusions upon their private lives by other people.  There are several different factual scenarios under which this tort can apply. 

  Intrusion Upon Seclusion.  One type of claim for invasion of privacy arises when the defendant does something to unreasonably interfere with the privacy of the plaintiff.  For an intrusion to be actionable, the matter into which there was an intrusion must be one which the plaintiff is entitled to keep private and intended to keep private.  An action arises based on the intrusion itself and no publication is required on the part of the plaintiff for the tort to be actionable.  An intrusion upon seclusion may arise from a private wiretap, surreptitious videotaping

  For an invasion of privacy claim based on intrusion upon seclusion, the plaintiff must prove three things: (1) that there was an intentional intrusion; (2) into a private place, or affairs of another; and (3) such intrusion would be highly offensive to a reasonable person.  An intrusion may or may not involve a trespass onto another’s private property.

  Appropriation of Name or Likeness.  A claim may be brought where the defendant uses the name or picture of the plaintiff without the plaintiff’s consent.  For example, if a company used a name or photo of you for advertising purposes, without getting your permission, you may have a legal claim.  To succeed on a claim involving an appropriation of name or likeness, the plaintiff would have to prove that the defendant intentionally took, appropriated or used the plaintiff’s name or image and that the defendant benefited or intended to benefit from the name or image. 

  The incidental use of a name or likeness will not give rise to a claim.  The fact that you are caught in a photograph that is published in the newspaper does not mean you have been wronged.  The use of the name or image must be for the purpose of taking advantage of the subject’s reputation or prestige. 

  Unreasonable Publicity to Private Life.  An invasion of privacy claim may be proven by showing that the defendant has given publicity to facts about an individual which are not a valid concern to the public and which would be highly offensive to a reasonable person.  It is important that the facts which are given publicity are private and not public.  In addition, this tort is designed to address information that is broadly shared.  Disclosing information to a single person may be insufficient to create an action.

  Placing a Person in a False Light.  An invasion of privacy claim may be proven by showing that the defendant knowingly or with reckless disregard for the truth causes another to be publicly placed in a false light.  This occurs when the defendant gives publicity to something about the plaintiff that is wrong of misleading, that the information provided by the defendant would be highly offensive to a reasonable person and the defendant acts knowingly or recklessly.  Publication of true, but confidential information will not give rise to a claim for placing a person in a false light.

 

   The information contained on this page is provided as general information and does not constitute legal advice.  The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you are involved in a claim for invasion of privacy.  Contact our office to schedule a no-obligation consultation to review your rights.  A consultation fee may apply. 

 

 

The Law Offices of Baldwin & Briscoe, P.C. also offers these services:

Bankruptcy and ForeclosureBusiness LawCivil LitigationCriminal DefenseEmployment, Disability, and Consumer RightsFamily LawGovernment Contracts LawIntellectual Property, Personal InjuryReal Estate, Social Security Disability & Workers’ Compensation and Wills, Trusts, & Estates

 

 

Contact Us

The Law Offices of Baldwin, Briscoe & Steinmetz, P.C.

22335 Exploration Drive

Suite 2030

Lexington Park, MD 20653

301-862-4400 Phone

301-862-3009 Fax

Directions

 

fb2.gif li2.gif tw.jpg

Around Our Site

Home

About Our Firm

News

Articles

Contact Us

Sitemap

Practice Areas

Bankruptcy & Foreclosure

Business Law

Civil Litigation

Criminal Defense

Government Contracts Law

Family Law

Intellectual Property

Personal Injury

Real Estate

Wills, Trusts, and Estates



Our Attorneys

Samuel C.P. Baldwin, Jr., Esq.

Janice Briscoe, Esq.

Richard J. Steinmetz Jr., Esq.

David J. Hebb, Esq.

Sandra Kaufman Jonasen, Esq.


spacer.jpg spacer.jpg spacer.jpg spacer.jpg
With an office conveniently located in Lexington Park, The Law Offices of Baldwin, Briscoe & Stienmetz, P.C. serves clients in the counties and cities of Lexington Park, Leonardtown, Hollywood, Mechanicsville, Loveville, Helen, Breton Bay, Chaptico, Charlotte Hall, Golden Beach, Avenue, La Plata, Waldorf, Newburg, Port Tobacco, Port Charles, Solomons Island, Prince Frederick, Chesapeake Shores, Hughesville, Benedict, Nanjemoy, Lusby, Port Republic, St. Mary's County, Charles County, Calvert County, Prince George's County, Southern Maryland.


StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter StatCounter - Free Web Tracker and Counter
Web Services Provided by BalanceLogic