Restatement (Second) of Torts · Section § 652e
This section addresses the liability for the invasion of privacy caused by the public disclosure of private facts.
Source: Restatement Restatement (Second) of Torts § § 652e
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.
This section outlines that a person may be held legally accountable for publicly revealing private information about another person. Such disclosure must be deemed highly offensive to an ordinary person and is subject to liability if it harms the individual's privacy.
Publicity must be widespread, not just limited to a small group.
The offensiveness of the disclosed information is judged by a reasonable person's standard.
Illustration 1
If a newspaper publishes an individual's medical history without consent, this may constitute a privacy violation under § 652e.
Illustration 2
Sharing intimate details about someone's personal life in a widely disseminated manner could lead to liability.
In this case, the court held that publishing the name of a rape victim from public court records did not constitute a violation of privacy under § 652e because the information was already public.
This provision is crucial for protecting individuals' private information from being disclosed without consent, particularly by the media and public figures. Understanding § 652e helps lawyers navigate cases of privacy invasion and the balance between freedom of expression and protection of personal privacy.