How To Prove A Tennessee Invasion of Privacy Claim

 

 

In Tennessee, a claim of Invasion of Privacy is defined as:

Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded.

It simply means:

When one party violates personal space or information of another party.

There are 4 elements of the claim:

• Element 1. The defendant unreasonably intruded upon the plaintiff’s seclusion. The defendant invaded the plaintiff’s personal space or privacy without permission, such as by spying, eavesdropping, or accessing private information, causing the plaintiff to feel exposed or uncomfortable in their own private life.
  

  Facts that might support this element look like:

  * The defendant installed surveillance cameras in the plaintiff’s backyard without consent, capturing private moments.
  * The defendant accessed the plaintiff’s private emails and shared their contents with third parties without permission.
  * The defendant repeatedly trespassed onto the plaintiff’s property to observe their private activities through windows.
  * The defendant used a hidden recording device to capture conversations between the plaintiff and their family in their home.
  * The defendant published personal information about the plaintiff’s medical history without their knowledge or consent.

• Element 2. The defendant appropriated the plaintiff’s name or likeness. The defendant used the plaintiff’s name or image without permission, which can harm the plaintiff’s reputation or cause them emotional distress, forming a key part of a legal claim for invasion of privacy.
  

  Facts that might support this element look like:

  * The defendant used the plaintiff’s photograph in an advertisement without obtaining permission.
  * The plaintiff’s name was featured in a promotional campaign for the defendant’s product, misleading consumers about the plaintiff’s endorsement.
  * The defendant created a social media account using the plaintiff’s likeness, leading followers to believe the plaintiff was associated with the account.
  * The plaintiff discovered that the defendant had printed merchandise displaying the plaintiff’s image without consent.
  * The defendant’s marketing materials prominently featured the plaintiff’s name, causing confusion among the plaintiff’s fans and followers.

• Element 3. The defendant gave unreasonable publicity to the plaintiff’s private life. The defendant shared private details about the plaintiff’s life in a way that was excessive and unnecessary, causing harm to the plaintiff’s personal privacy and reputation.
  

  Facts that might support this element look like:

  * The defendant publicly shared private photographs of the plaintiff without consent, exposing intimate moments to a wide audience.
  * The defendant disclosed the plaintiff’s personal medical history in a public forum, causing emotional distress and embarrassment.
  * The defendant repeatedly posted details about the plaintiff’s private relationships on social media, attracting unwanted attention and scrutiny.
  * The defendant organized a public event where the plaintiff’s private life was discussed without their permission, leading to significant public exposure.
  * The defendant leaked confidential information about the plaintiff’s financial situation to a local news outlet, resulting in public humiliation.

• Element 4. The defendant publicized something that unreasonably placed the plaintiff in a false light before the public. The defendant shared information or images that misrepresented the plaintiff in a way that could lead others to form a false and negative opinion about them, causing harm to the plaintiff’s reputation and privacy.
  

  Facts that might support this element look like:

  * The defendant published an article that inaccurately portrayed the plaintiff as a criminal, despite the plaintiff having no criminal record.
  * The defendant shared a video that selectively edited the plaintiff’s statements, making it appear as though they endorsed a controversial viewpoint they do not hold.
  * The defendant circulated a social media post that misrepresented the plaintiff’s professional qualifications, leading others to question their competence in their field.
  * The defendant released a photograph of the plaintiff in a compromising situation, without context, suggesting inappropriate behavior that was entirely fabricated.
  * The defendant claimed the plaintiff was involved in a scandal, despite having no evidence to support such allegations, damaging the plaintiff’s reputation.

^{(See Daniel v. Taylor, No. E2008-01248-COA-R3-CV, 2009 WL 774428.(Tenn. Court of Appeals, 2009).)}
If you’re in court without a lawyer and plan to assert a Claim of Invasion of Privacy, 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 TN Invasion of Privacy Claim

U.S. Civil Cases Only