Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
Historical background
Roberson v. Rochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was Roberson v. Rochester Folding Box Company
Franklin Mills Co. decided to appeal the decision. The appellate found it difficult since there was no precedent for infringement of right to privacy. However, the appellate felt that once the right to privacy had been established as a legal doctrine, it cannot be confined to the publication of a person's likeness. It can, however, extend to comments that are made to a person's looks, habits, conduct and domestic relations. At the same time, it could not be defined as a libel since Section 245 of the Penal Code defines a libel as a malicious publication by effigy, picture or sign that exposes a person to ridicule, contempt or obloquy. In this definition, malicious meant that it had to be intentional and willful. In this case, however, there was no allegation of libel. Therefore the disposition was reversed. In the dissent, the judge stated that there was no enforceable law of privacy.
This case spurred a lot of criticism and public outrage as a result of the NY legislature denying Roberson the compensation. It, however, led to passing of the first statutory law on privacy which made it illegal to use a person's image or likeness for purposes of trade or advertising without their consent. In 1905, Georgia became the first state in the U.S. To recognize a common law or privacy in the case of Pavesich v. New England Life Insurance Co
Pavesich v. New England Life Insurance Company
In 1904, Pablo Pavesich sued New England Mutual Life Insurance Company, Thomas Lumpkin, the company's general agent and J.Q. Adams, a photographer. This was as a result of an Atlanta newspaper, the Atlanta Constitution, bearing a likeness of him that could be recognized by his acquaintances and friends in an advertisement without his consent. Though the picture that was used had been given to Adams with Pavesich's consent, he had not given consent for it to be given to Lumpkin. Additionally, the statements that were alluded to in the advertisement were false and malicious to the plaintiff since he had never made such a statement and had also not taken any life-insurance policy with the defendant company. He argued that he was ridiculed as a result of the advertisement and demanded $25,000 in damages. The trial court argued that there was a misjoinder of defendants and thus no cause of action. Additionally, there were no facts from which malice was inferred. However, in the appeal, the Georgia Supreme Court reversed the judgment and Pavesich was awarded $25,000 in damages since the publication was made without his consent and it contained libelous statements that created the impression that he had a policy with the insurer. The court thus grounded the right to privacy in the doctrine of natural law.
Common law right of privacy
The common law right to privacy states that a person has the right to be left alone or to be free from abuse or misuse of their personality. This right of privacy also states that the person has the right to be free from unwarranted publicity. Therefore they can live a life of seclusion if deemed sufficient. They also have a right to be free from unwarranted interference from members of the public in matters that do not concern the members of the public. In the common law right to privacy, one has the actionable right to be free from any invasion of their privacy. When their privacy is invaded, it is a tort and in common law, the aggrieved person can bring a lawsuit against the person or entity that intrudes into their privacy.
According to common law, invasion of privacy includes intruding into a person's private affairs, disclosing a person's private information, publicizing a person in false light or using a person's name for personal gain. However, for invasion of privacy...
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