Introduction
Do we even have any privacy anymore? With today’s fast paced, never ending social networks and media outlets, it seems that nothing could get through its grasps. Invasion of Privacy is described as “A reasonable expectation of privacy involves an intentional or negligent highly offensive intrusion into the plaintiff’s private life and resulting in damages to the plaintiff” (Mulrooney & Styles, 2012, p. 13). In sports there are several ways in which athletes or sports figures privacy could be invaded. The question is, is it Invasion of Privacy, or did they simply just feel violated?
Description of Invasion of Privacy Every individual has a right to his or her own privacy. When they feel that right has been violated, it becomes an issue of what a reasonable person believes is an invasion of privacy, and whether or not it caused damages to the person. A reasonable person has to base their opinion on judgment calls instead of basing them on a mandated set of rules or guidelines. There are different situations for every intrusion, with no set guidelines to follow, but “a reasonable expectation of privacy is used to determine aspects of a plaintiff’s life that would be deemed private” (Mulrooney & Styles, 2012, p. 13). An intrusion does not have to include physical contact either, but must cause damages to the plaintiff. Posting a picture of an underage child may cause “Emotional distress or mental anguish [and] is sufficient cause for damages and therefore the plaintiff does not need to prove and special damages” (Mulrooney & Styles, 2012, p. 13).
Four Elements Invasion of Privacy includes four elements of Public Disclosure. The first is that “defendant must disclose private facts that are highly offensive” (Mulrooney & Styles, 2012, p. 13-14). Unless they are not considered offensive to a reasonable person, there is no case to begin with. Second, the public should have no interest or reason to know the information