Invasion of Privacy
By Sally A. Roberts, Esq.
The Connecticut Supreme Court recognized the action for invasion of privacy in the early 1980s, and recognized that “the law of privacy has not developed as a single tort, but as a complex of four distinct kinds of invasion of four different interests of the plaintiff, which are tied together by the common name, but otherwise have almost nothing in common except that each represents an interference with the right of the plaintiff to be let alone.” Goodrich v. Waterbury Republican-American, Inc., 188 Conn. 107, 127-28 (1982).[1]
The four categories of invasion of privacy are set forth in 3 Restatement (Second), Torts § 652A (1977) as follows:
a) Unreasonable intrusion upon the seclusion of another.
b) Appropriation of the other’s name or likeness.
c) Unreasonable publicity given to the other’s private life.
d) Publicity that unreasonably places the other in a false light before the public.
Goodrich v. Waterbury Republican-American, Inc., 188 Conn. 107, 128 (1982).[2]
The Connecticut courts that have addressed these various types of claims for invasion of privacy generally have applied the Restatement (Second) criteria in determining the elements of those claims. The Restatement elements for each claim are as follows:
1. Unreasonable intrusion upon the seclusion of another
“One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.”[3]
The Connecticut Appellate Courts have yet to set forth the necessary elements of an unreasonable intrusion claim.[4] Several Superior Courts, however, have held that “in order to establish a claim for unreasonable intrusion upon the seclusion of another, the plaintiffs must prove an intentional physical intrusion [by the defendants] upon the private affairs or concerns of the plaintiffs which would be highly offensive to a reasonable person.[5] “Whether that intrusion is highly offensive to a reasonable person is for a jury to decide.”[6]
2. Appropriation of the other’s name or likeness
“One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.”[7]
3. Unreasonable publicity given to the other’s private life
“One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.[8]
The Connecticut Supreme Court approved the Restatement’s definition of the cause of action for giving unreasonable publicity to another’s private life in Perkins v. Freedom of Information Commission, 228 Conn. 158, 170-72. “The essence of false light privacy claim is that the matter published concerning the plaintiff (1) is not true; … and (2) is such a major mispresentation of his character, history, activities or beliefs that serious offense may reasonably be expected to be taken by a reasonable man in his position.”[9]
4. Publicity that unreasonably places the other in a false light before the public
One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if:
(a) The false light in which the other was placed would be highly offensive to a reasonable person; and
(b) The actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.[10]
Compensatory Damages
The Restatement (Second) of Torts, § 652H, provides: “One who has established a cause of action for invasion of privacy is entitled to recover damages for (a) the harm to his interest in privacy resulting from the invasion; (b) his mental distress proved to have been suffered if it is of a kind that normally results from such an invasion; and (c) special damages of which the invasion is a legal cause.”[11] An award of damages, however, must not be duplicative.[12]
Punitive or Exemplary Damages
Punitive and exemplary damages are “merely alternative labels for the same remedy.”[13] Punitive damages are awarded when the evidence shows a reckless indifference to the rights of others or an intentional and wanton violation of those rights. If awarded, they are restricted to the cost of litigation, less taxable costs of the action being tried. Further, for an award of punitive damages it is essential that evidence of the cost of litigating the case be offered.[14] In order to recover punitive or exemplary damages, a claim for them must be included in the pleadings.[15]
Statute of Limitations
Actions for invasions of privacy are governed by a three-year statute of limitation (three years from the date of the act complained of).[16]
1
[1] Citing to Prosser, Torts (4th ed. 1971) 117, p. 804.
[2] See Foncello v. Amorossi, 284 Conn. 225, 234 (2007).
[3] 3 Restatement (Second), Torts § 652B. See Bonanno v. Dan Perkins Chevrolet, 2000 Conn. Super. LEXIS 287 (J.D. Ansonia-Milford at Milford, Feb. 4, 2000; Nadeau, J.); Kindschi v. City of Meriden, 2006 WL 375529 (Conn. Super. Ct.; Nov. 28, 2006).
[4] Fields v. Kichar, CV-94-54868 (Judicial District of Tolland at Rockville; May 2, 1995; Klaczak, J.)
[5] Tapia v. Sikorsky Aircraft Division, CV-95-327761 (Judicial District of Fairfield at Bridgeport, May 28, 1998; Stodolink, J.)
[6] Fallstrom v. L.K. Comstock & Company, Inc., CV-99-0152583 (Judicial District of Waterbury, Jan. 22, 2001; Rogers, J.)
[7] 3 Restatement (Second), Torts § 652C. See Venturi v. Savitt, Inc., 191 Conn. 588, 592 (1983).
[8] 3 Restatement (Second), Torts § 652D.
[9] Jonap v. Silver, 1 Conn. App. 550, 557-58 (1984)(citations omitted; internal quotations omitted).
[10] 3 Restatement (Second), Torts § 652E. See Goodrich v. Waterbury Republican-American, Inc., 188 Conn. 107, 131 (1982).
[11] Jonap v. Silver, 1 Conn. App. 550 (1984).
[12] Jonap v. Silver, 1 Conn. App. 550 (1984).
[13] Alaimo v. Royer, 188 Conn. 36, 42 (1982).
[14] 6 Conn. Prac., Trial Practice § 5:20 (citing authorities).
[15] Freeman v. Alamo Mgt. Co., 221 Conn. 674, 683 (1992).
[16] Conn. Gen. Stat. § 52-577; see Daust v. McWilliams, 49 Conn. App. 715, 720 (1998).