Invasion of Privacy

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Invasion of privacy can take many forms.  Our Pittsburgh attorneys can tell you about the different types of claims (and defenses) that may exist. Pennsylvania has adopted the Second Restatement of Torts, which enumerates four theories for invasion of privacy, which are:

* Appropriation of Another’s Name or Likeness

* Unreasonable Publicity to Another’s Private Life

* False Light

* Intrusion Into Seclusion

The appellates cases confirm the above, namely, an action for invasion of privacy is comprised of four distinct torts: (1) intrusion upon seclusion, (2) appropriation of name or likeness, (3) publicity given to private life and (4) publicity placing the person in a false light. Marks v. Bell Tel. Co. of Pa., 460 Pa. 73, 331 A.2d 424 (1975); Vogel v. W.T. Grant Co., supra. The Restatement (Second) of Torts §§ 652B-E set forth those four categories of invasion of privacy.

No Pennsylvania case has specifically adopted the final draft of the Restatement regarding these sections, although our supreme court did adopt section 652D, as it appeared in Tentative Draft No. 13 of the Restatement (Second) of Torts. Vogel v. W.T. Grant Co., supra; see also Wells v. Thomas, 569 F.Supp. 426 (E.D.Pa. 1983). But see Fogel v. Forbes, Inc., 500 F.Supp. 1081 (E.D.Pa. 1980) (stating the Pennsylvania courts have adopted Restatement (Second) of Torts §§ 652B-E and citing to the final draft of the Restatement). Our state courts have cited with approval the Restatement (Second) of Torts §§ 652B-E for support regarding invasion of privacy matters. See e.g. Nagy v. Bell Tel. Co. of Pa., 292 Pa.Super. 24, 436 A.2d 701 (1981); see also Martin v. Municipal Publications, 510 F.Supp. 255 (E.D.Pa. 1981).

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