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.

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