Invasion of Privacy
Generally, invasion of privacy is someone intruding into one’s personal life and this tort has a unique place in the employment context. Often employers regulate and monitor employees’ email, phone, internet, and this monitoring has become easier with the new technology.
In addition to a state’s statutory remedies, Invasion of Privacy of tort includes four common law torts. They are:
• Intrusion Upon Seclusion – this claim is when an individual’s privacy has been invaded. This typically occurs when someone intrudes (ie: spies) on an individual when he has an expectation of privacy, such as his home.
• False Light – this applies when someone publically makes a false and offensive statement about them. While this is similar to defamation, false light is broader and protects that individual’s mental dignity and feelings while defamation is aimed more at reputation. While Illinois allows this claim, the employee must prove that the statements were made with actual malice.
• Publication of Private Facts – this occurs when an individual’s personal and private information is made public. What distinguishes this category is that these statements do not have to be false, but rather can even be true. The theory is that there are certain facts that are merely private and can be protected.
• Appropriation – this action occurs when someone uses an individual’s name or “likeness” without money for a profit.
The Case Law Firm is experienced and capable to handle matters in which employers overstep their rights and invade employee’s privacy rights.