Anaya Nolan
Pennsylvania has both a statutory right to publicity and common law rights to privacy. The four forms of privacy recognised in Pennsylvania are defined under Sections 625B through 652E of the Restatement (Second) of Torts. These are: intrusion upon seclusion, appropriation of name or likeness, publicity given to private life, and publicity placing a person in a false light. The state protects individuals against defamation, employer monitoring, polygraphs, HIPAA violations, voyeurism, and drone surveillance.
| Characteristics | Values |
|---|---|
| Privacy rights recognised by Pennsylvania | Intrusion upon seclusion, appropriation of name or likeness, publicity given to private life, and publicity placing a person in a false light |
| Defences to invasion of privacy claims | Plaintiff consent to invasive actions, newsworthiness of statements/activities being depicted |
| Statute of limitations for invasion of privacy claims | 1 year |
| Right to privacy in criminal law | Prohibition on the state seeking personal information, physically intruding on private spaces, seizing or interfering with property without a warrant or exception |
| Right to privacy in civil law | Right to be left alone, to keep personal information private, to be free from unwarranted publicity, and to control one's reputation and standing in the community |
| Polygraph testing by employers | Prohibited |
| HIPAA violations | Right to sue for unauthorised disclosure of health information |
| Voyeurism | Prohibited; includes recording or photographing without consent when an individual is nude or partially nude |
| Drone surveillance | Prohibited for drone operators to conduct surveillance of someone in a private place |
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What You'll Learn
Intrusion upon seclusion
Pennsylvania does have common law rights to privacy. The four forms of privacy recognized in Pennsylvania are defined under Sections 625B through 652E of the Restatement (Second) of Torts. One of these four forms is 'intrusion upon seclusion'.
In the case of DeAngelo v. Fortney in 1986, the Supreme Court of Pennsylvania affirmed the dismissal of an intrusion upon seclusion claim. The plaintiff, Joseph DeAngelo, argued that his privacy had been invaded when his name, address, and telephone number were supplied to home improvement companies, resulting in business solicitations. However, the court found that two inquiries or solicitations were not sufficient to constitute an actionable intrusion.
In another case, the court dismissed an intrusion upon seclusion claim, finding that the plaintiff did not allege that the defendants improperly obtained his medical information and, therefore, did not improperly invade his privacy.
It is important to note that there are defenses to claims of intrusion upon seclusion and invasion of privacy under Pennsylvania law, including the plaintiff giving consent to the invasive actions or the statements/activities being deemed newsworthy.
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Right to privacy at work
Pennsylvania has both a statutory right to publicity and common law rights to privacy. The four forms of privacy recognized in Pennsylvania are intrusion upon seclusion, appropriation of name or likeness, publicity given to private life, and publicity placing a person in a false light.
While the right to privacy is important to many individuals, it is not a right that is well protected in the workplace. Generally, your employer has the right to monitor your workplace communications, and you should not expect to have substantial rights to privacy in the workplace. Many employers require employees to agree and adhere to an employee handbook that outlines the workplace policy regarding communications technology. For example, even if you are working from home, your employer may still be able to monitor your activities on a company-issued device. This includes monitoring your personal emails and text messages, even if they are not work-related. However, if your employer realizes you are on a personal call, they must stop monitoring.
In certain cases, employees have a higher expectation of privacy than job applicants. For instance, an employer can drug test job applicants, but they need a legitimate or important interest to test current employees. If an employer tests a current employee randomly without notice, their interest is not considered "legitimate" unless the employee is in a safety- or security-sensitive position.
A small percentage of employees, such as government employees, senior executives, and athletes, are better protected from invasions of privacy. The Americans with Disabilities Act (ADA) also includes strict provisions about handling information obtained after an offer is made to a disabled employee. Employers covered by the ADA must keep medical records and related documentation confidential and separate from other personnel records.
Additionally, there are certain topics that employers are prohibited from discussing during pre-employment interviews. For example, an employer should not ask about an applicant's religious beliefs or how many pounds they can lift if the job does not involve lifting.
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Medical information privacy
Pennsylvania has both a statutory right to publicity and common-law rights to privacy. The four forms of privacy recognized in Pennsylvania are defined under Sections 625B through 652E of the Restatement (Second) of Torts. These are intrusion upon seclusion, appropriation of name or likeness, publicity given to private life, and publicity placing a person in a false light.
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that protects the privacy and integrity of patients' medical records and restricts with whom doctors and other entities may share medical records. Under HIPAA, patients have the right to know how their health information will be used and who can or cannot access it. Patients may sue anyone, including doctors, private persons, secretaries, insurance companies, and pharmacies, for violating their right to medical privacy.
Pennsylvania also has medical records laws that allow employees to request medical records from their employer or healthcare professional. Pennsylvania law also requires the reporting of contagious or infectious diseases. Hospitals and birthing centers in Pennsylvania are required to establish policies that protect the privacy of their patients and classify certain health information as confidential. This includes patient records, disease reports, clinical records, lab records, and HIV information, among others.
In addition, Pennsylvania prohibits drone operators from using drones to conduct surveillance of individuals in private places. Homeowners and businesses are generally allowed to use security cameras for legitimate purposes, such as deterring crime or protecting property. However, if security cameras are used in areas where there is a reasonable expectation of privacy, such as bathrooms or changing rooms, it is considered an invasion of privacy.
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Defamation and reputation
Pennsylvania's common law and statutes recognise an individual's right to privacy and reputation. Pennsylvania's defamation law protects individuals from false statements of fact that are published to a third party and cause damage to the person's reputation. The state's defamation law defines defamation as either libel (written defamation) or slander (spoken defamation).
To establish a valid defamation claim in Pennsylvania, plaintiffs must prove seven specific elements:
- The statement must be false.
- The statement must be published to a third party.
- The statement must be made with fault.
- The statement must result in actual damages.
- The statement must be published to at least one person other than the plaintiff.
- The statement must clearly refer to the plaintiff, even if they are not explicitly named.
- The recipients of the statement must have understood its harmful implications and connected it to the plaintiff.
Defamation per se is a subset of defamation that includes statements that are defamatory on their face, such as falsely imputing insolvency to a business. In these cases, the plaintiff does not need to prove specific damages because the harm is presumed.
In addition to protecting individuals, Pennsylvania's defamation law also applies to businesses. This includes protection against trade libel, unfair competition, and tortious interference with prospective economic advantage.
The right to reputation is explicitly listed in the Pennsylvania Constitution, alongside other fundamental rights such as life, liberty, and the pursuit of happiness. This right allows individuals and businesses to protect their reputations and control the use of their name and likeness for commercial purposes.
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Surveillance and drones
In Pennsylvania, individuals are protected by the right to privacy. This means that the state cannot seek personal information, physically intrude on spaces where one reasonably expects privacy, or seize and interfere with possessions without a warrant. In the context of surveillance and drones, here are some key points to note:
Surveillance by Government Agencies
Government agencies, such as law enforcement, have limitations on their use of security cameras and other surveillance technology. The Fourth Amendment protects citizens against unreasonable searches and seizures. Government agencies must also comply with tests like the reasonableness test, the expectation of privacy test, and the balancing test when using security cameras.
Drones
Drones are legal in Pennsylvania, but there are several regulations that users must follow. The Federal Aviation Administration (FAA) regulates drone usage and requires registration and licensing for both hobbyists and commercial operators. Here are some key drone regulations in Pennsylvania:
- Drones cannot be used to conduct surveillance of someone in a private place without their consent.
- Drones cannot be operated in a way that places another person in reasonable fear of bodily injury.
- Drones cannot be used to deliver, provide, transmit, or furnish contraband, such as drugs or counterfeit currency.
- Drones cannot be flown over people, moving vehicles, or critical infrastructure such as airports, military installations, and power plants.
- Drones must be equipped with safety measures, such as parachutes, when flying over populated areas.
- Drones weighing over half a pound must broadcast the operator's location and a unique identification number.
- Night flights require anti-collision lights.
In summary, Pennsylvania law protects individuals' privacy rights from intrusion by government agencies and drone operators. However, it is important to stay informed about the evolving regulations surrounding drone usage to ensure compliance with the law.
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Frequently asked questions
Yes, Pennsylvania has both a statutory right to publicity and common law rights to privacy.
Pennsylvania recognizes four forms of privacy: intrusion upon seclusion, appropriation of name or likeness, publicity given to private life, and publicity placing a person in a false light.
In criminal law, the state cannot seek personal information, physically intrude on spaces where you reasonably expect privacy, or seize and interfere with your possession of property without a warrant or a special exception. Civilly, this means that a person has the right to be left alone, to keep personal information private, to be free from unwarranted publicity, and to control one’s reputation and standing in the community.
Privacy violations in Pennsylvania can include employer monitoring without a legitimate, business-related reason, HIPAA violations, voyeurism, and drone surveillance in private places.
If your privacy has been violated in Pennsylvania, you have up to one year to file a claim and pursue compensation for any damages. You should contact an experienced attorney who can help you understand your specific rights and options.
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