Once your private information is in the hands of cyber criminals, the constant threat of identity theft and necessary long-term account monitoring would give anyone bouts of anxiety and insomnia for years to come.
An unlawful public disclosure of private facts occurs when another person discloses private facts to the public without your consent. The public disclosure of the private information must also be the type that would offend a reasonable person of ordinary sensibilities.
The disclosure must be sufficiently public. Sharing even private information to small groups or legitimately interested persons may not be sufficiently public to create an actionable claim. With that said, even if someone makes a "friends only" post to Facebook or posts in a private online forum to a select group, the disclosure may still be sufficiently public due to the size of the group and their relationship to the subject of the disclosure.
The information must also be private, and not available in the public record or known by the public. Private information can include a person's sexual activities, social security number, private nude photos, medical history, or tax documents.
Information that is generally public may be characterized as private by a court if the individual has taken sufficient steps to hide the information from the public For example, phone numbers and addresses are generally considered public in nature. However, an individual may chose to not to list his or her private phone number. The same can be true of private residences.
The Law Office of
Cassandra M. Kirsch, LLC