How To Prove A Florida Invasion of Privacy – Disclosure of Private Facts Claim

 

 

In Florida, a claim of Invasion of Privacy – Disclosure of Private Facts is defined as:

Invasion of Privacy by Disclosure of Private Facts occurs when one intentionally, and without permission, publishes the facts of another or another’s private concerns and affairs.

It simply means:

When one party intentionally publishes private information about another party.

There are 4 elements of the claim:

• Element 1. The defendant published a statement. The defendant shared information about someone that was not meant to be public, which is a key part of a legal claim for invasion of privacy by revealing private facts.
  

  Facts that might support this element look like:

  * The defendant shared a private medical record of the plaintiff on a public social media platform.
  * The defendant disclosed the plaintiff’s personal financial information to a third party without consent.
  * The defendant published a detailed account of the plaintiff’s intimate relationship history in a widely circulated newsletter.
  * The defendant revealed the plaintiff’s home address in an online forum, exposing them to potential harassment.
  * The defendant broadcasted a video of the plaintiff in a private setting without their knowledge or permission.

• Element 2. The statement concerned the private facts of the plaintiff. The statement involved revealing personal information about the plaintiff that was not public, which could harm their reputation or emotional well-being, forming a key part of a legal claim for invasion of privacy through the unauthorized disclosure of private facts.
  

  Facts that might support this element look like:

  * The statement disclosed the plaintiff’s medical history, which was not publicly known and was shared without consent.
  * The statement revealed the plaintiff’s financial difficulties, including specific amounts owed, which were private matters.
  * The statement included details about the plaintiff’s personal relationships, such as intimate partner issues, that were not intended for public knowledge.
  * The statement discussed the plaintiff’s mental health struggles, which were sensitive and private information not previously disclosed.
  * The statement contained the plaintiff’s home address, which was not publicly available and could lead to unwanted attention.

• Element 3. The statement was offensive. The statement was offensive means that the private information shared was not only personal but also likely to upset or embarrass a reasonable person, highlighting that the disclosure crossed a line into inappropriate territory.
  

  Facts that might support this element look like:

  * The statement disclosed intimate details about the plaintiff’s medical history without their consent.
  * The statement revealed the plaintiff’s sexual orientation to their employer, leading to workplace harassment.
  * The statement included private financial information that was not publicly available, causing the plaintiff distress.
  * The statement shared personal family matters that the plaintiff had kept confidential, violating their trust.
  * The statement was made in a public forum, exposing the plaintiff’s private life to a wide audience.

• Element 4. The statement was not of public concern. The statement in question must not relate to matters that are important or interesting to the public; instead, it should involve private information that is not relevant or significant to society as a whole.
  

  Facts that might support this element look like:

  * The statement disclosed personal medical information about the individual that was not relevant to any public interest.
  * The information shared was a private conversation between friends and not intended for public dissemination.
  * The statement involved the individual’s financial struggles, which were not a matter of public concern or debate.
  * The disclosure pertained to the individual’s intimate relationships, which are inherently private and not subject to public scrutiny.
  * The statement was made in a private setting and was not intended to inform or engage the public.

^{(See Cape Publications, Inc. v. Hitchner, 549 So.2d 1374, 1377 (Fla. 1989).)}
If you’re in court without a lawyer and plan to assert a Claim of Invasion of Privacy – Disclosure of Private Facts, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your FL Invasion of Privacy – Disclosure of Private Facts Claim

U.S. Civil Cases Only