What Is Invasion of Privacy?

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Last reviewed September 21, 2026.

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Reviewed May 2, 2024.

Right to Privacy

In general, citizens of the United States have a right to privacy—but what does that mean? The right to privacy is actually a pretty broad topic: it can refer to your fourth amendment right—for example, the police cannot show up to your house without a warrant or probable cause and demand to search your home—or it can refer to your right to privacy from other citizens. There are four main ways that your privacy can be invaded upon: appropriation of name or likeness, intrusion upon seclusion, false light, or public disclosure or private facts. Invasion of privacy is a civil matter, but there can be criminal consequences involved. For example, if a person is filming you through your bathroom window and then uploading the footage to a website, that would likely meet the standard for invasion of privacy and you’d have a civil claim against the perpetrator. However, a prosecutor may decide to file stalking and/or harassment charges against the perpetrator.

“I Do Not Consent to Being Filmed!”

If you’ve spent any amount of time on the internet, you’ve probably seen footage of a “Karen” having a meltdown in a retail store. Sometimes, the person having a meltdown will boldly proclaim, “I do not consent to being filmed!” But the person filming keeps doing so anyway—is this an invasion of privacy? No. In order to invade someone’s privacy, there needs to be a reasonable expectation of privacy in the first place—which is not something you typically have in a public place. Recently, a group of young women decided to film another woman changing in a locker room at the gym. This would be considered to be an invasion of privacy, as people do have a reasonable expectation of privacy in a place like a locker room or bathroom. The example of the young women posting footage of the other woman changing could be an example of intrusion upon seclusion.

Appropriation of Likeness

Let’s say you’ve become the talk of the town, but not in a good way: you’re the neighbor whose lawn is always overgrown and boasts an impressive collection of weeds. Your neighbors—who probably should have moved somewhere with an HOA if they’re this bothered by your lawn—have banned together to create and sell shirts that say, “#1 Dandelion Grower” with your face and name on it—which has made it very difficult for you to find a job. This could be an example of appropriation of likeness because:

1. Your neighbors used your picture (also known as “likeness”);
2. They profited from your likeness;
3. You did not consent to your likeness being used;
4. and you’ve been damaged by this (as nobody will hire you now).

By failing to obtain your consent to put your picture on the shirts, the neighbors have “appropriated” your likeness/face for their own benefit.

Public Disclosure of Private Facts

Since truth is an absolute defense to defamation, that means you can say anything about anyone and not face civil consequences as long as it’s true, right? Probably not. If you publicly reveal confidential information about a person, you could face civil consequences, even if what you said was true. For example, if you announce to everyone on Facebook that your brother is gay, that may be an example of public disclosure of private facts. If a medical provider yells out your positive test results for a sexually transmitted disease to a lobby full of other patients, that is an example of public disclosure of private facts. In order to have a claim for public disclosure of private facts, someone must publish something about your life that is private, the disclosure must be highly offensive to a reasonable person, and the information cannot be of legitimate public interest. So, in the example where you “out” your brother on Facebook: your brother’s sexual orientation was a private matter before you made it public knowledge. Though being gay isn’t “highly offensive,” many people would say that “outing someone” against their will is highly offensive. Lastly, assuming your brother isn’t a public figure, his sexuality is not really a matter of public interest. Therefore, he may have a claim against you.

Bringing a civil claim for Invasion of Privacy

Like any tort or claim for personal injury, you have to have experienced some amount of “damages” as a result of the person’s disclosing these facts. Perhaps you were so embarrassed, you sought out therapy? Or you no longer feel safe, so you hired personal security. Perhaps you lost a job, and you lost out on wages and benefits? Those are the types of damages that you must experience in order to bring a claim against someone for invasion of privacy against the bad actor. However, the difficult thing with suing anyone for a claim like this is, even if you have incurred damages whether there is a source of recovery. Remember most insurance policies do not cover intentional conduct, which makes these claims even more difficult to pursue.

The Four Types of Invasion of Privacy

Most invasion of privacy claims fall into one of four categories. Knowing which one fits your situation matters, because each has different elements you would need to prove.

Intrusion Upon Seclusion

This covers prying into someone’s private affairs in a way a reasonable person would find highly offensive, such as secretly recording someone in a private space, hacking into personal accounts, or persistent surveillance. The intrusion itself is the wrong, whether or not anything is ever published.

Public Disclosure of Private Facts

This happens when someone publicizes truthful but private information that is not of legitimate public concern and that a reasonable person would find offensive to have exposed, for example medical records, financial details, or intimate images.

False Light

False light involves publicizing information that places someone before the public in a misleading way. It overlaps with defamation, but here the harm is to how you are portrayed rather than strictly to your reputation.

Appropriation of Name or Likeness

Using someone’s name, image, or identity for commercial gain without permission, such as putting a person’s photo in an advertisement, is appropriation. Utah recognizes this both as a privacy tort and, in some cases, under the right of publicity.

Invasion of Privacy FAQs

Is invasion of privacy a crime or a civil matter?

It can be both. Some conduct, like illegal wiretapping or voyeurism, is a crime the state prosecutes, while the same conduct can also give you grounds for a civil lawsuit to recover damages.

Can I sue someone for posting private information about me online?

Possibly. If the information was private, not newsworthy, and its disclosure would be highly offensive to a reasonable person, it may qualify as public disclosure of private facts.

What damages can I recover in an invasion of privacy case?

Depending on the facts, you may recover for emotional distress, reputational harm, and in appropriation cases the commercial value of the unauthorized use. An attorney can evaluate what applies to your situation.

Is it invasion of privacy to record someone without their consent?

Utah is a one-party consent state for recording conversations, meaning one participant in the conversation may record it. Recording people in private places where they reasonably expect privacy, or where no participant consents, can still cross the line.

How long do I have to file an invasion of privacy claim in Utah?

Deadlines depend on the type of claim, and privacy-related claims can carry shorter windows than other injury cases. Because missing the deadline can end your claim, it is worth confirming the timeline with an attorney early.

Privacy Violations Can Be Personal Injury Claims

Invasion of privacy often travels with emotional distress, harassment, and real financial harm — and in the right circumstances it supports a civil claim for damages. If someone’s conduct has crossed the line from rude to legally actionable, our guide on suing for emotional distress is a good next read, or talk to our Utah attorneys in a free consultation about whether your situation qualifies.