The use of another’s name or likeness for one’s own benefit, esp. commercial gain. • This misappropriation tort protects one’s property right to the economic benefits flowing from the commercial use of one’s face or name.
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An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. • If the individual’s interest in an activity or decision is fundamental, the state must show a compelling public interest before the private interest can be overcome. If the individual’s interest is acknowledged to be
An unjustified exploitation of one’s personality or intrusion into one’s personal activities, actionable under tort law and sometimes under constitutional law. See RIGHT OF PRIVACY. [Cases: Torts 8.5. C.J.S. Right of Privacy and Publicity § 2.]
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privacy law. 1. A federal or state statute that protects a person’s right to be left alone or that restricts public access to personal information such as tax returns and medical records. — Also termed privacy act. [Cases: Records 31. C.J.S. Criminal Law §§ 449–450; Records§§ 74–92.] 2. The area of legal studies dealing with
Constitutional law. A range of fundamental privacy rights that are implied in the express guarantees of the Bill of Rights. See PENUMBRA; RIGHT OF PRIVACY. [Cases: Constitutional Law 82(7). C.J.S. Constitutional Law §§ 584, 630–648; Right to Die§ 2.]
marital-privacy doctrine. A principle that limits governmental intrusion into private family matters, such as those involving sexual relations between married persons. • The marital-privacy doctrine was first recognized in Griswold v. Connecticut, 381 U.S. 479, 85 S.Ct. 1678 (1965). The doctrine formerly deterred state intervention into matters involving domestic violence. Today, with the trend toward
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A defendant’s right not to disclose private information unless the plaintiff can show that (1) the information is directly relevant to the case, and (2) the plaintiff’s need for the information outweighs the defendant’s need for nondisclosure. • This privilege is recognized in California but in few other jurisdictions.
fundamental right. 1. A right derived from natural or fundamental law. 2. Constitutional law. A significant component of liberty, encroachments of which are rigorously tested by courts to ascertain the soundness of purported governmental justifications. • A fundamental right triggers strict scrutiny to determine whether the law violates the Due Process Clause or the Equal
The right to control the use of one’s own name, picture, or likeness and to prevent another from using it for commercial benefit without one’s consent. [Cases: Torts 8.5(6). C.J.S. Right of Privacy and Publicity §§ 9–16, 40–43, 45.]
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