ABSTRACT

Though never explicitly mentioned in the Constitution, the Supreme Court has found privacy in the “penumbra” of rights. Privacy rights protect a person’s physical being, personal space, information and emotional security. Reasonable expectation of privacy is often used to determine the extent of protection. Four types of privacy rights are identified in court as causes of action. While public figures have a harder time winning privacy suits involving disclosure of private facts, they have a greater financial interest in protecting their image or likeness from misappropriation. Concepts of trespass, seclusion, secrecy and access also affect privacy rights.