Public Disclosure of Private Facts

By Eric Misterovich

Public disclosure of private facts is a tort that falls under the general category of invasion of privacy. To establish a claim for public disclosure of private facts, a plaintiff must establish that the defendant has publicly disclosed private facts that are of no concern to the public and that, as disclosed, are offensive to a reasonable person.

 

This cause of action typically applies where a defendant has published private information concerning an individual that, though true, is of no concern to the public and is not newsworthy. A private fact is typically defined by state law as a detail about one’s private life that is not generally known by others, including facts about an individual’s sex life, sexual orientation, or finances.

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