Invasion of Privacy
INVASION OF PRIVACY LOS ANGELES LITIGATION ATTORNEYS
Traditional Claims for invasion of privacy are grounded in state laws that protect your privacy and prevent third parties from intruding into your private affairs, publicly disclosing private facts about you, or casting you in a false light. These laws also vary from state to state. They may be related to defamation claims and to the right of publicity.
New privacy statutes have created additional rights for people to protect their online information, including the California Consumer Privacy Act (“CCPA”)
Call Lesowitz Gebelin LLP at 310-341-3072, or send us an email, to schedule an initial consultation about your case concerning the right of publicity. We have honed the skills you need on your side to analyze and effectively litigate your case whether you are considering filing a lawsuit or have been sued.
California’s Common Law Privacy Rights
In California, there are several forms of privacy rights recognized under the common law that can be protected through bringing specific claims.
First is a claim for Intrusion into Private Affairs. These claims typically arise where a defendant has invaded a private space of the plaintiff, whether that space is a real-life location or a virtual place. In order to establish a claim, the plaintiff must show that the defendant intentionally intruded into a place where the plaintiff had a reasonable expectation of privacy, that the intrusion would be highly offensive to a reasonable person, and that the defendant’s conduct was a substantial factor in harming the plaintiff.
Second is a claim for Intrusion into Public Disclosure of Private acts. These claims arise where a defendant shares private information about the plaintiff. In these cases, the plaintiff must show that the defendant publicized private information about the plaintiff that was not of legitimate public concern, that the publication would be highly offensive to a reasonable person, and that the defendant’s conduct was a substantial factor in harming the plaintiff.
Third is a claim for False Light. These claims arise where a defendant creates a false impression about the plaintiff. In these cases, the plaintiff must show that the defendant publicized information about the plaintiff that created a false impression, that the false impression created would be highly offensive to a reasonable person, that the defendant knew or was reckless as to whether the publication would create a false impression, and that the defendant’s conduct was a substantial factor in harming the plaintiff.
Consumer Rights under the California Consumer Privacy Act (CCPA)
California has also created statutory privacy rights for the digital age, giving consumers rights to control their personal information in the hands of companies. For the purposes of the statute, a consumer’s personal information is “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”
The consumer rights created by the CCPA can be categorized as follows:
- The Right to Notice:
Consumers must be told (receive notice) at or before the point of collection of the categories of personal information that will be collected by a business and the purposes for which the information will be collected.
- The Right to Access:
Consumers may request that a business disclose the categories of personal information it has collected; the categories of sources from which the consumer’s personal information is collected by the business; the business or commercial purpose for the collection(s); the categories of third parties that the business shares personal information about the consumer with; and the specific pieces of personal information the business holds about a consumer. For any business that sells (or discloses for business purposes) a consumer’s personal information, consumers have the right to request the business tell them which the categories of information it sold or disclosed.
- The Right to Opt Out / Opt In;
At any time, a consumer has the right to “opt out” of sales of their information by telling businesses that sell personal information about the consumer to third parties to stop this sale. For minors, the CCPA flips the requirement and instead requires the consumer to “opt in” to sales of personal information. After receiving an opt out request, businesses must wait at least 12 months before asking consumers to opt back in.
- The Right to Deletion; and
Subject to exceptions (such as free speech, protecting against security incidents, defending against legal claims, and others) consumers also have the right to request deletion of personal information held by a business so long as that information was collected by the business directly from the consumer.
- The Right to Non-Discrimination.
The CCPA prohibits businesses from discriminating by way of denying or charging different prices to consumers for their goods or services based on the consumers’ exercise of their rights under the CCPA. However, businesses may offer financial incentives to users for the collection, sale, or deletion of personal information or differentiate on price if that difference is directly related to the value to the business of the consumer’s data.
Contact Us About Your Right of Privacy Suit
Our offices are located in Beverly Hills at the heart of Los Angeles, California. We represent clients throughout Southern California, including Hollywood, Silicon Beach, Orange County, Ventura, Riverside, San Bernardino, and San Diego.
Lesowitz Gebelin LLP’s litigation attorneys can help you If you believe your privacy has been violated, whether online or in the real world. We invite you to contact us about your Right of Privacy matter and either submit to us using our online case submission form or by calling us directly at 310-341-3072.