Invasion of Privacy Law Nebraska
Most simply, the right to privacy is the right of an individual to be left alone, to live without undesirable interference by the public where they are not essentially concerned, and to stay away from unwarranted publicity. In many states, invasion of privacy laws also mentions that the citizens have the right to stay away from the invasion of the government into their private affairs although the government’s needs and rights of providing protection to the community are balanced.
According to the basic invasion of privacy law, the right to privacy is:
- The wrongful invasion into the private activities of another person
- Publicizing of the private affairs of another person although the public does not have any legitimate concern in that
- The undesirable exploitation or appropriation of someone else’s personality; or
- A person’s right to enjoy freedom from unwarranted publicity
Invasion of Privacy Law Nebraska
The state of Nebraska identifies that its citizens have a right to privacy. The right also includes taking actions for exploiting an individual for commercial or advertising purposes. Nebraska also offers rights of post-mortem by statute.
The state also acknowledges different kinds of claims concerning the invasion of privacy. The victim is also eligible to get monetary compensation when there are violations of his/her privacy rights. Claims related to the invasion of privacy in Nebraska include the following:
1. Placing a person in a false light
In Nebraska, a citizen may be eligible for monetary compensation when another person places them in the false light, which would be extremely offensive for any reasonable individual. The accused should behave in reckless disregard or have the knowledge of the incorrectness of the publicized issue, as well as, the false light in which the victim was placed.
2. Commercial or advertising purposes
The victim is entitled to monetary benefit when their picture, name, personality, or portraits are used for commercial or advertising purposes without obtaining their consent. However, there are certain exceptions such as consent for resale, a picture where the victim is only a member of the general public wherein he/she is not identified or named, or news reports.
3. Place of seclusion of solitude
The victim can be eligible for money when another person intrudes or trespasses upon their place of seclusion or solitude. Such an intrusion has to be extremely offensive to any reasonable individual.
Thus, any individual, corporation, or firm in Nebraska that intrudes upon or trespasses upon a person’s seclusion or solitude and such an invasion is considered to be highly offensive in nature to any reasonable person will be responsible for the invasion of privacy in the state. However, such an intrusion to the seclusion or solitude of a person should be an intentional act.
Trespassing into Real Property
In Nebraska, when a person trespasses onto a property and though it does not intrude upon the seclusion or solitude of the other person but can be highly offensive to any reasonable individual could be actionable according to this section.
Allegation of Use of a Drug
The accusation of drug abuse at a workplace though does not interfere in the seclusion or solitude of a person and is yet highly offensive to any reasonable human being could be actionable in the state.
Nebraska Invasion of Privacy Actions
In Nebraska, when a person intrudes upon the privacy of another citizen, the plaintiff has the right to ask for certain damages. The plaintiff can recover the following:
- General damages caused to the interest in the privacy of the plaintiff that was an outcome of the privacy invasion
- Special damages
- Damages for emotional suffering; and
- Nominal damages when none of the above could be proved