Invasion of Privacy Law Wisconsin
In Wisconsin, the right of privacy of the citizens is paramount and is recognized by the state. If a person’s right of privacy is invaded by an individual or group of individuals, they will be entitled to compensatory damages depending on the losses the plaintiff incurred to the invasion of privacy as well as the enrichment of the defendant due to the invasion of privacy. The plaintiff will also be entitled to a reasonable amount in order to cover the amount spent as attorney fees to take up the case of invasion of privacy. The individual will also be entitled to equitable relief to prevent as well as restraint such an invasion of their privacy. Every state has invasion of privacy laws in place so as to secure the right of the citizens to their privacy. In this article, we will take a look at invasion of privacy law in the State of Wisconsin.
Invasion of Privacy Law Wisconsin
In Wisconsin, invasion of privacy can be one of the four things listed below.
- Using a person’s name, image, or their likeness for the purpose of advertising, without their consent. It is important to get the written consent from an individual if you intend on using their name, image or likeness for the purpose of advertising or any other engaging trade. If the concerned individual is a minor, it is must to get written consent from their parent or legal guardian.
- Intruding on a person’s privacy in a manner that is highly offensive to a reasonable person, and this invasion happens in a place that the person reasonably considered to be private and invading in that space can be considered to be trespassing.
- Giving publicity to events and aspects of a person’s private life in a highly offensive manner to any reasonable individual. If the defendant acts recklessly and unreasonably and shares private details of a person’s life without there being a legitimate public interest, he or she will be guilty of invading that person’s privacy.
- Making a representation or distributing photographs of a person that depicts nudity without the said person’s knowledge or consent that the photographs were being taken, shall be considered an invasion of privacy. If the act of taking the photographs takes place in an area that is considered private to the person in question, then an act of invasion of privacy has been committed.
The state of Wisconsin allows individuals to bring a civil action against individuals who caused damage to them by invading their privacy. However, it is important to note that if the court finds that the lawsuit related to the invasion of privacy is frivolous, and if was commenced in bad faith to harass the defendant, then the defendant will be entitled to a reasonable fee as set by the court.
To claim that an individual’s privacy has been invaded, the private information or photographs have to be disclosed to a substantial number of people. However, if the information is already publicly available, one cannot state that it is an invasion of privacy if the information is further distributed. Also, if the information is shared by the person concerned, it will not be considered protected information anymore. In order to prove an invasion of privacy, an individual will have to establish that facts regarding the individual were publicly disclosed, and these facts were not available publicly before they were disclosed by the defendant. The person also has to establish that the facts can be considered to be highly offensive and that the person or party responsible for disclosing these facts publicly did so recklessly and unreasonably.