What is the Arizona Invasion of Privacy Law?
The law offers some fundamental rights against the invasion of privacy. The term privacy refers to the freedom from unwanted publicity and liberty to be left on a person’s own. When there is an unreasonable intrusion of privacy, it can lead to great harm.
Typically, Invasion of Privacy Laws defines 4 kinds of lawsuits for intrusion caused to privacy. These are Disclosure, Intrusion, False light, and Appropriation. In a majority of states in the United States, the rights in such lawsuits are typically personal. Many come to an end if a person passes away.
According to the Invasion of Privacy Law in Arizona, there are 4 kinds of claims made against the invasion of privacy, which are as follows:
- Intrusion upon seclusion or solitude;
- When undesirable publicity is given to the private life of a person.
- False light privacy, which refers to publicity placing a person in an untrue manner; and
- Appropriation of someone’s likeness or name.
Also, the State Constitution of Arizona assures that the right of its citizens should not be disturbed concerning invading their homes without lawful authority and in their personal and private affairs.
Private Concerns and Solitude
According to the Invasion of Privacy Law Arizona, people have the freedom from invasion of their private concerns and solitude. The law defines intrusion as prying, probing, or peering into the private concerns and solitude of another person. A simple example of this is when a person opens someone else’s mail without the latter’s consent. A second excellent example is if a person peeps in another person’s window then the latter is changing his/her clothes.
Elements of Intrusion
An intrusion has the following basic elements:
- Intruding upon another person’s private concerns or solitude.
- Does so unreasonably, wither negligently or intentionally.
The law indicates that only the individual whose privacy has been invaded or his/her guardian can file a lawsuit to this effect. The plaintiff also has to prove punitive damages or special damages if any.
Defenses Available to Intrusion
According to the Invasion of Privacy Law, there is a possibility of the accused to challenge the evidence produced by the plaintiff on the intrusion’s basic elements. For instance, a defendant may establish that the plaintiff did not expect privacy or whatever the plaintiff is contending as private is public.
There is a unique defense available to licensed private investigators. For instance, they have the necessary license to invade upon another person’s privacy concerns and solitude to the magnitude essential to lawfully conduct a private investigation reasonably. When an individual accepts considerations such as money for exchanging the right to invade his/her privacy, they are said to have sold their rights.
Another common defense produced by a defendant is that there was consent to the invasion of privacy either implied or express. Additionally, some defendants like police officers in Arizona enjoy immunity when they acted while performing their duties.
An individual is said to have committed a felony if he/she purposely uses, possesses, manufactures, purchases, or takes another entity or person’s identifying information for the illegal purpose for causing loss to that entity or person or has the intention to continue or obtain employment.
Invasion of Privacy Laws in Arizona forbids procuring or intercepting any electronic, oral, or wired communication through another individual or individuals. The state law also forbids using or disclosing the communication, which was procured unlawfully. When a person violates the statute, it is considered a felony as mentioned before. On the other hand, it is legal for an individual when he/she intercepts any kind of communication if at least 1 party gave consent to the interception of such communication or when a person present during such communication consented to it.