Is Invasion of Privacy a Crime?

In a world where we are constantly posting information on the Internet and appearing in our family and friends’ posts, what constitutes an invasion of privacy may not be readily apparent.  As skilled Invasion of Privacy lawyers in Texas, Hutcherson Law’s team can help break down the facts. Broadly speaking, invasion of privacy is a tort, and there are four main types of invasion of privacy: intrusion into seclusion, misappropriation of name and likeness, public disclosure of private facts, and false light.

What is Invasion of Privacy?

An invasion of privacy occurs when your reasonable expectation of privacy is violated.  For example, if you are having a private telephone conversation containing sensitive information in your home or office and someone is listening without your knowledge, consent, or an applicable exception, then this act constitutes an invasion of privacy.  However, unintentionally leaving sensitive or confidential information in a public area and another person picking it up does not constitute an invasion of privacy.  The following are examples of invasion of privacy against which legal action CAN be taken:

• Illegally intercepting calls;
• Snooping through someone’s private records;
• Taking photos or videos of someone inside their home or a private place without their knowledge or consent;
• Incessant unwanted phone calls;
• Publicly disclosing private information about someone that has caused damage or injury; and
• Publicizing a matter regarding another’s private life.

The following are examples of what does NOT constitute an invasion of privacy:

• Hearing a phone call take place in a public setting;
• Reading a document that someone left in a public setting;
• Taking photos of a person in public; and
• Calling a person once or twice.

If you believe that your privacy has been invaded it is important to seek legal help right away.  Hutcherson Law represents victims of invasion of privacy across the county and we are available to determine the merits of your claim based on the elements in your state.