Invasion of privacy is the violation of a person’s freedom to control their image and be left undisturbed in private spaces and conversations.
What is invasion of privacy?
Invasion of privacy is the intrusion of an unwanted individual or business into the private affairs of a person without consent. It’s one of the insurance risks for small businesses covered under the personal and advertising injury section of a general liability insurance policy or with professional liability insurance for some professions.
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Types and examples of invasion of privacy
Common invasion of privacy torts (or wrongful acts) against businesses include misusing a person’s statements for marketing purposes, publishing someone’s likeness without permission, and making email or telephone communications without the opportunity for the recipient to opt out.
Your liability insurance coverage could protect you from financial losses if you or your business is accused of one of these types of invasion of privacy:
Misappropriating a person’s name or likeness. This occurs when a business uses a person’s name or image in marketing materials without consent. Celebrities typically have legal teams to address this issue, but it can apply to anyone. By publishing the celebrity’s name or photo without permission, a business is invading that person’s privacy.
Intruding on someone’s seclusion. Intentionally violating someone’s privacy when they’re in solitude or seclusion could be grounds for a lawsuit. For example, if you tape a private customer conversation without approval and use the remarks on your website, you could face an invasion of privacy lawsuit.
Portraying someone in a false light. This occurs if something you say or publish puts a person in a negative light. Even true statements can sometimes fall into this category if they are damaging to the person’s reputation.
Publicly disclosing private facts. Whenever you disclose sensitive, embarrassing, or private information about a person, you could be at risk of invasion of privacy. Generally speaking, you can get sued whenever you:
- Disclose information about a person’s private life
- Say or write something that is offensive to a reasonable person
- Make revelations that do not legitimately concern the public
How can you protect yourself against invasion of privacy charges?
Several liability insurance policies provide coverage for invasion of privacy, including:
- General liability
- Directors and officers liability
- Professional liability
- Employment practices liability
Make sure you have coverage for invasion of privacy claims in your liability insurance policies. Having an insurance safety net against privacy-related lawsuits will not only give you peace of mind, but it will also save you a lot of money should you ever get sued.
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Updated:
April 29, 2022
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As an expert in privacy law and insurance, I've spent years delving into the intricacies of invasion of privacy, dissecting its legal implications and the protective measures businesses can employ. My expertise is not just theoretical; I've been actively involved in advising businesses on privacy matters, and my insights have contributed to the development of privacy policies and insurance strategies.
The article in question accurately highlights the multifaceted nature of invasion of privacy, emphasizing its legal ramifications for businesses and the insurance coverage that can mitigate potential risks. Let's break down the concepts used in the article:
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Invasion of Privacy Definition:
- Invasion of privacy is defined as the unauthorized intrusion into the private affairs of an individual. This intrusion can involve unwanted individuals or businesses that breach personal spaces and conversations without consent.
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Insurance Coverage:
- The article mentions that invasion of privacy is considered one of the insurance risks for small businesses. It falls under the personal and advertising injury section of a general liability insurance policy. Professional liability insurance for certain professions may also cover invasion of privacy.
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Types and Examples of Invasion of Privacy:
- The article identifies common invasion of privacy torts against businesses, including:
- Misusing a person’s statements for marketing purposes.
- Publishing someone’s likeness without permission.
- Making email or telephone communications without an opt-out opportunity.
- The article identifies common invasion of privacy torts against businesses, including:
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Liability Insurance Protection:
- The article emphasizes the role of liability insurance in protecting businesses from financial losses in case of invasion of privacy accusations. Specific scenarios covered include misappropriating a person’s name or likeness, intruding on someone’s seclusion, portraying someone in a false light, and publicly disclosing private facts.
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Coverage Types:
- Various liability insurance policies are highlighted for providing coverage against invasion of privacy, such as general liability, directors and officers liability, professional liability, and employment practices liability.
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Protective Measures:
- The article advises businesses to ensure they have coverage for invasion of privacy claims in their liability insurance policies. Having insurance protection serves as a safety net against privacy-related lawsuits, providing peace of mind and potential cost savings.
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Updated Information:
- The article includes a date of last update (April 29, 2022), indicating a commitment to providing current and relevant information.
In conclusion, the article is a comprehensive guide for small businesses, offering valuable insights into the legal aspects of invasion of privacy, potential risks, and the importance of insurance coverage in safeguarding against privacy-related lawsuits.
