In the modern digital age, information about individuals can be broadcast with the press of a button—and the results can be disastrous. While the First Amendment protects freedom of speech and press, there are limits to the law. Among these is the right to privacy, which encompasses the prevention of the public release of private facts.
This article examines what constitutes public disclosure of private facts, how public disclosure of private facts differs from other privacy claims, and what legal recourse is available to those whose privacy has been invaded.
What Is Public Disclosure of Private Facts?
Public disclosure of private facts is a type of invasion of privacy tort. It occurs when someone publicly shares truthful, private information about an individual in a way that is highly offensive and not of legitimate public concern.
This form of privacy violation can cause severe emotional distress, reputational harm, and other damages—even when the disclosed information is accurate.
Key Elements of the Tort
To bring a successful claim for public disclosure of private facts, the plaintiff typically must prove the following:
- Publicity: The defendant disclosed the private information to the public at large or to enough people that it was substantially certain to become public.
- Private Information: The facts disclosed were truly private and not publicly known.
- Offensiveness: The disclosure would be highly offensive to a reasonable person.
- No Legitimate Public Concern: The information is not newsworthy or of public interest.
Let’s break each of these elements down further.
1. Publicity: More Than Just Sharing With One Person
For a claim to succeed, the disclosure must have been made public, not just shared with a single individual. Courts typically require that the information be communicated to a broad audience, such as:
- A post on social media
- An article in a newspaper or blog
- A public speech or podcast
- A press release or mass email
Sharing private facts with one or two people may not meet the threshold unless it is likely to spread quickly or go viral.
2. Private Information: Not Already Known to the Public
The disclosed facts must be genuinely private. Examples may include:
- Medical or mental health records
- Sexual relationships or orientation
- Financial information
- Adoption or paternity details
- Past trauma, such as being a victim of assault
If the information is already publicly available or has been disclosed by the individual themselves, courts are less likely to consider it a violation.
3. Offensive Disclosure: Shock to the Reasonable Person
The standard for “offensiveness” is based on the reaction of a reasonable person, not just the plaintiff. This means that the disclosure must be outrageous or shocking, not merely embarrassing.
Examples of potentially offensive disclosures:
- Publishing a private individual’s HIV status
- Revealing that someone had a miscarriage or abortion
- Disclosing intimate photos or messages without consent
4. Not Newsworthy: No Public Interest Justification
If the information disclosed is of legitimate public concern, the right to privacy may be overridden. Courts often weigh the public’s interest in the information against the individual’s right to privacy.
Newsworthy exceptions may include:
- Public officials’ conduct in office
- Criminal behavior or involvement in a public event
- Health issues that pose a public risk (e.g., contagious diseases)
How This Differs From Other Invasion of Privacy Claims
It’s easy to confuse public disclosure of private facts with other privacy-related claims. Here’s how they differ:
- Intrusion upon seclusion: Involves the act of spying or eavesdropping, regardless of whether the information is later shared.
- False light: Involves publishing misleading or false information that paints someone in an untrue, damaging light.
- Appropriation of likeness: Involves using someone’s name, image, or persona for commercial gain without permission.
Unlike those, public disclosure of private facts involves truthful information shared without consent.
Real-Life Examples of Public Disclosure Cases
Here are some real-world examples of Public Disclosure Cases:
Case Study: Medical Information Disclosed
A hospital employee was fired and sued after publicly sharing a patient’s mental health records on social media. The patient’s identity was revealed, and the details were extremely sensitive. The court ruled in favor of the patient, citing a violation of HIPAA and the tort of public disclosure of private facts.
Case Study: Revenge Porn
In many jurisdictions, victims of “revenge porn”—the non-consensual sharing of intimate images—have successfully brought lawsuits under public disclosure laws. Courts recognize that such acts serve no legitimate public interest and are highly offensive.
Damages in Public Disclosure of Private Facts Claims
Victims may be entitled to various forms of compensation, including:
- Emotional distress damages
- Loss of reputation
- Lost income or job opportunities
- Punitive damages, especially if the disclosure was malicious
In some cases, courts may also issue injunctions to stop further disclosure or to remove harmful content from websites or publications.
Defenses to a Public Disclosure Claim
If you’re facing such a claim, common defenses include:
- Consent: The plaintiff gave permission for the disclosure.
- Public domain: The information was already public.
- Newsworthiness: The facts were of legitimate public interest.
- Lack of publicity: The disclosure wasn’t widespread enough to meet the legal threshold.
Having strong documentation or editorial justification is critical when invoking these defenses.
How to Protect Yourself or Your Business
In the age of digital communication, privacy violations can happen quickly and have lasting effects. Whether you’re an individual, journalist, or business, consider these best practices:
- Obtain consent before sharing sensitive information
- Avoid posting about others’ private lives without permission
- Train employees on privacy and social media policies
- Use caution when reporting on personal matters, even in news stories
- Consult legal counsel before publishing sensitive content
Statute of Limitations for Privacy Claims
Each state sets its own statute of limitations for privacy torts, including public disclosure of private facts. In many jurisdictions, the timeline is one to two years from the date of disclosure or when the harm was discovered.
It’s essential to act quickly if you believe your rights have been violated.
When to Contact a Privacy Lawyer
If your private life has been publicly exposed without your consent—and it has caused you harm—a privacy attorney can help you:
- Assess whether your case qualifies as public disclosure of private facts
- Preserve evidence of the disclosure
- File a lawsuit for compensation
- Seek the removal of harmful content from the internet
Likewise, if you’re a media outlet, business, or content creator facing a potential lawsuit, legal guidance is vital to protect your rights and avoid escalating liability.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
