Protecting Your Right to Privacy

When someone intrudes into your private life without permission, the impact can be deeply personal. Secret surveillance, unauthorized tracking, disclosure of private information, or other invasions of privacy can leave you feeling as though your personal life is no longer your own.

At the Law Offices of Schwartz & Arminavage, our attorneys represent clients in invasion of privacy matters involving both traditional privacy violations and modern forms of electronic surveillance. These cases can involve complicated questions about what information or activities are legally considered private, whether the intrusion was intentional, how the information was obtained or used, and what harm resulted.

Privacy law continues to evolve alongside technology. GPS trackers, smartphones, cameras, recording devices, social media, and other technologies have made it increasingly easy to monitor another person's activities or obtain and distribute private information. When that conduct crosses legal boundaries, individuals may have options for protecting their rights and seeking appropriate relief.

What Is Invasion of Privacy?

"Invasion of privacy" is a broad term that can encompass several different legal claims. The precise claims available, and the elements required to prove them, depend on the law of the jurisdiction where the conduct occurred.

Privacy claims may involve conduct such as:

Intruding into someone's private affairs or seclusion;
Secretly monitoring or surveilling another person;
Using electronic devices to obtain private information;
Publicly disclosing certain private information;
Using another person's name or likeness without authorization;
Placing someone in a false light before the public; or
Other unauthorized interference with legally protected privacy interests.

Not every unwanted, intrusive, or offensive act necessarily creates a legal claim. Determining whether conduct constitutes an actionable invasion of privacy requires a careful examination of the circumstances and applicable law.

Intrusion Upon Seclusion

One of the most common forms of invasion of privacy is “intrusion upon seclusion.” This type of claim generally focuses on an intentional and wrongful intrusion into a person's private affairs, activities, or space. Unlike some other privacy claims, the private information obtained does not necessarily have to be published or shared with others. In appropriate circumstances, the intrusion itself may form the basis of the claim.

Potential examples may include unauthorized electronic surveillance, eavesdropping, secretly accessing private information, or physically intruding into an area where someone reasonably expects privacy.

Whether conduct qualifies as an actionable intrusion depends heavily on the circumstances, including where the conduct occurred, how the information was obtained, the nature of the information involved, and the privacy expectations recognized under applicable law.

GPS Tracking & Electronic Surveillance

Modern technology has created new and increasingly sophisticated ways to monitor another person's movements. Small GPS devices can be concealed on vehicles and used to continuously collect location information without the person being tracked realizing it.

Discovering that someone has secretly monitored your movements can raise serious privacy concerns. However, GPS tracking cases can also present complicated legal questions, and the legality of tracking depends heavily on the circumstances and the law of the jurisdiction involved.

When Can GPS Tracking Become a Privacy Issue?

A GPS tracking case may require consideration of several factors, including:

Who owns or controls the vehicle;
Who installed or authorized the tracking device;
Whether the person being tracked consented;
How the device was installed;
How long the tracking continued;
What locations or activities were monitored;
Whether the tracking revealed information about private activities;
Whether private property was entered to install or retrieve the device;
How the location information was used or disclosed; and
Whether state statutes or other laws regulate the particular conduct.

Because privacy laws differ from state to state, the placement of a GPS tracker does not automatically establish an invasion of privacy claim in every jurisdiction. The specific facts surrounding the tracking can be critical.

GPS Tracking and Expectations of Privacy

One of the difficult issues in GPS cases is determining whether the tracking intruded upon legally protected private activities.

Courts have grappled with the distinction between observing a vehicle traveling openly on public roads and using technology to continuously collect a detailed record of someone's movements. The outcome of a civil privacy claim may depend on the jurisdiction and the particular facts of the case.

That makes careful legal analysis especially important in GPS tracking matters. Our attorneys evaluate not only where a person traveled, but also how the device was installed, the duration and scope of the surveillance, what information was collected, and whether the tracking intruded into private affairs or locations.

Other Forms of Electronic Surveillance

GPS tracking is only one way technology can create privacy disputes. Invasion of privacy matters may also involve:

Hidden cameras or recording devices;
Audio recordings or eavesdropping;
Electronic monitoring;
Unauthorized access to private communications;
Location-tracking technology;
Digital surveillance;
Smart devices and connected technology; or
Other methods used to monitor someone's private activities.

Different technologies may implicate different state or federal laws in addition to traditional invasion-of-privacy claims. For that reason, these cases require careful consideration of both the technology involved and how it was used.

Other Types of Invasion of Privacy Claims

Public Disclosure of Private Facts

Privacy disputes can arise when highly private information about a person is publicly disclosed without authorization.

These cases are different from defamation claims because the information at issue may not necessarily be false. Instead, the legal issue can center on whether genuinely private information was improperly made public and whether the disclosure is actionable under the law of the applicable jurisdiction.

Misappropriation of Name or Likeness

Privacy law may also protect against certain unauthorized uses of a person's name, photograph, likeness, or identity.

These disputes frequently arise when someone's identity is used for a commercial purpose without authorization. Depending on the jurisdiction and circumstances, related rights of publicity or other claims may also apply.

Evaluating an Invasion of Privacy Claim

Privacy cases are highly fact-specific. Conduct that may support a claim in one situation may not be actionable in another.

When evaluating a potential invasion of privacy matter, our attorneys consider questions such as:

What conduct occurred?
Was it intentional?
Where did the alleged intrusion occur?
Did the individual have a legally recognized expectation of privacy?
Was surveillance or tracking technology involved?
Was private information obtained?
Was that information disclosed to anyone else?
Did the person consent to any aspect of the conduct?
What harm resulted?
What state or federal laws apply?

A careful investigation of these facts is often necessary before determining whether a viable claim exists and what remedies may be available.

Speak With Our Invasion of Privacy Attorneys

If you believe your privacy has been violated through GPS tracking, electronic surveillance, disclosure of private information, or other intrusive conduct, our attorneys can help you understand your legal options. Contact the Law Offices of Schwartz & Arminavage to discuss your case.