Invasion of Privacy Claims in Pennsylvania

Under Pennsylvania law, there are four types of invasion of privacy claims: (1) intrusion upon seclusion; (2) appropriation of name or likeness; (3) publicity given to private life; and (4) publicity placing a person in a false light.  Santillo v. Reedel, 634 A.2d 264 (Pa.Super. 1993).

The Restatement (Second) of Torts sets forth the elements for each invasion of privacy claim under Sections 652B-E, as follows:

Under Section 652B: One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.

Under Section 652C: One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.

Under Section 652D: One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter published is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.

Under Section 652E: One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

If you think you might have an action for invasion of privacy, please contact the experienced lawyers at Sidkoff, Pincus & Green in Philadelphia, who are licensed to practice law in all courts in Pennsylvania and New Jersey.