Under Common Law, the right of privacy is commonly referred to as the ‘invasion of privacy’. It is a tort allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his/her private affairs, discloses his/her private information, publicizes him/ her in a false light or appropriates his/her name for personal gain..
It consists of 3 distinct wrongs/elements ;
i. The impairment of another person’s privacy. ii. Wrongfulness iii. Aminus iniuriandi (intention)
Every individual has personality rights under common law to physical integrity, privacy, freedom, reputation and dignity. Privacy as one of the personality rights is limited by the legitimate interest of others and the public interest.
The common law recognizes
It consists of 3 distinct wrongs/elements ;
i. The impairment of another person’s privacy. ii. Wrongfulness iii. Aminus iniuriandi (intention)
Every individual has personality rights under common law to physical integrity, privacy, freedom, reputation and dignity. Privacy as one of the personality rights is limited by the legitimate interest of others and the public interest.
The common law recognizes