With social media so prevalent in the lives of nearly everyone, the issues many label as "private" may be diminishing. When it comes down to it, the information a person considers private depends on the individual. It may be more common than ever before to post intimate information online, but people are still in charge of what they hold most private and personal. Read on to find out more about what can happen when embarrassment becomes a personal injury issue.
When Personal Information Becomes Impersonal
You may be very open about your personal life, but everyone has limits and expectations that those limits will be honored. If someone chooses to post nude photos of themselves on the internet, then they are automatically taking responsibility for any ramifications that result from such an act. If their relationships, job, and reputation are damaged because of those actions, they have no one to blame except themselves. When someone takes the same steps and posts the photos, they can be liable for money damages due to invasion of privacy.
For example, many listened and reacted with sympathetic horror upon the revelation that a California hospital permitted photos of women undergoing extremely personal medical procedures to be taken without their permission. It can seem that the more vulnerable the victim, the more heinous such an act can appear. Few situations are more vulnerable than that of those undergoing a medical procedure and being photographed while undressed – all without permission. Such a situation is not just an invasion of privacy, by the way, but also violates HIPAA, the act that protects people from an unauthorized release of medical information.
Intentional or Not
Personal injury cases are built on certain elements. For example, a victim of an invasion of privacy case might have to show the ways in which they were harmed before being paid money damages. That can include things like:
- Mental anguish
- Emotional distress
and other psychological and mood disorders caused by the act.
One element that does not have to be present for victims to pursue a case is intent. As with the breach of privacy in the hospital case, the intent was not to harm patients. It matters not whether or not intent is present. What matters is that the actions of another caused harm to someone.
If you've been the victim of an invasion of privacy of any sort, you may have grounds for a lawsuit against an individual, business, or corporation. You can be paid for both the psychological trauma and for punitive damages, in some cases. Speak to a personal injury lawyer and have your case evaluated. You might be doing others a favor by bringing this type of behavior out into the light.
To learn more, contact a law office like Kavanagh & Kavanagh Law Ofc today.