Restatement (Second) of Torts · Section § 652d
This section addresses the liability of one who publicly discloses private facts about another, rightfully limiting the spread of sensitive information.
Source: Restatement Restatement (Second) of Torts § § 652d
One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of privacy if the matter publicized is of a kind that would be highly offensive to a reasonable person and is not of legitimate public concern.
Section 652d concerns the unauthorized public disclosure of private information. Individuals may pursue legal action if private facts about them are made public in a way that would offend a reasonable person and is not deemed to have public value.
The disclosure must be highly offensive to a reasonable person.
The disclosed facts must not be of legitimate public concern.
Illustration 1
Illustration 1: A newspaper discloses an individual's medical records without consent, which can result in liability under § 652d.
Illustration 2
Illustration 2: Publishing the details of a crime victim's private life without consent may be deemed offensive and actionable.
This case reinforced the principle that disclosing private facts can lead to liability when the revelations cause harm and are not in the public interest.
Although primarily focused on defamation, this case illuminated the balance between public interest and private facts.
The significance of § 652d lies in protecting individuals from the unauthorized public disclosure of their private information, which serves to uphold privacy rights in an increasingly media-driven world. Legal practitioners must evaluate whether the information disclosed is indeed of public concern to determine viability for cases based on this section.