North Carolina Invasion of Privacy Law
Invasion of privacy is a serious offense in the USA, especially in North Carolina. The government has framed laws related to the invasion of privacy in the state. Let’s understand the law in detail.
Below are the two out of the four common invasions of privacy laws in North Carolina:
- Appropriation of one’s likeliness
- Intrusion on seclusion
Rules for Invasion of Privacy in North Carolina
According to the court of North Carolina, a general right to privacy is recognized. This means a person has the right to protect his private information.
But, the court has not recognized two of the four invasions of privacy claims as it feels that they would add to the tension between the tort law and the first amendment.
A state statute does not prevent the publication of personal information if the person in charge of such information has an objection against such disclosure. Disclosure in writing, internet and broadcast media is under legal jurisdiction. The victim will sue for damages in case of any harmful results. In short, personal information can be disclosed or published if the person whose information is being published does not object to the same.
This law does not cover objects under the Health Insurance Portability and Accountability Act (HIPAA) privacy needs.
All information in a school employee’s personnel file is confidential and cannot be opened for inspection. If a public official or employee purposely with hatred has access to data in personal files is guilty of Class 3 misdemeanor can be fined up to USD 500.
If a person who does not have permission to access such a file at its official filing place, and takes copies of even portions of this file, is also guilty of Class 3 misdemeanor.
Invasion of privacy in North Carolina
According to the law of North Carolina, invasion of privacy also includes the appropriation of a photograph, invasion of private affairs, and name.
In such a case, there was an illegal use of personal information. For example, posting a person’s private pictures is illegal. But, posting a person’s photos clicked at a public place such as a beach or a restaurant is considered an invasion of privacy.
Also, accessing a person’s mobile phone or laptop and using personal information and photos, is also considered to be a violation of privacy. In other words, mobile phone or laptop is a private device and a person cannot access someone else‘s personal information.
Invasion of Privacy on Social Media
Invasion of privacy claims includes social media posts of private or confidential information, cameras installed in bedrooms or washrooms. In other words, one can’t post private information of people on social media platforms. This can result in an invasion of privacy.
Revenge Porn Law
According to the law in North Carolina, revenge porn law is put into effect in December 2015. This state is one of the 26 states which consider revenge porn to be criminal. Total 26 states where revenge porn criminal penalties apply, North Carolina is one of the 9 states which have civil remedies. For each illegal post online, civil damages are USD 1000 daily and USD 10,000, whichever is higher, plus attorney fees and penalizing damages.
In such a case, a person may post an MMS clip of the enemy in order to take revenge. Such a clip may be posted on a public platform. This makes the crime illegal and an offense.
Thus, revenge porn law is also considered an invasion of privacy according to North Carolina's invasion of privacy law.
This summarizes invasion of privacy, under the North Carolina invasion of privacy law.