Invasion of Privacy in Marriage

Invasion of privacy occurs when one spouse intrudes upon the other’s personal space or confidential matters without consent. In tort law, this can include actions such as “intrusion upon seclusion”, “public disclosure of private facts”, or “Misappropriation of likeness”. Such violations can have damaging effects on trust and emotional well-being in a marriage.

Examples of Acts That Fall Under Invasion of Privacy

• Intrusion upon seclusion: Secretly recording or spying on a spouse’s private activities (e.g., reading their private messages or tracking their movements without consent).
• Public disclosure of private facts: Sharing sensitive personal information about a spouse (e.g., medical conditions or financial troubles) with others without permission.
• Misappropriation of likeness: Using a spouse’s image or identity for commercial purposes or social media promotions without their consent.

Real Case Example

In Michaels v. Internet Entertainment Group, a case involving invasion of privacy in a broader relationship context, Pamela Anderson and Bret Michaels sued a company for distributing a private videotape without consent. While not strictly a marital case, it highlights how courts can address violations of privacy involving intimate relationships.

Possible Judgment

If the court finds a spouse guilty of invading the other’s privacy, they may impose:

• Compensatory damages: To address emotional distress, embarrassment, or harm caused by the violation.
• Punitive damages: To deter such behavior in the future.
• Injunction: To stop the wrongful act (e.g., deleting shared private photos or recordings).

Take Home

For Potential victims of invasion of privacy

• Protect your personal information and passwords.
• If your privacy is violated, document the acts and consult a lawyer for guidance.

For Potential Perpetrators invasion of privacy

• Respect your spouse’s boundaries and understand that marriage does not void an individual’s right to privacy.
• Avoid any acts that could breach trust or expose private matters.

For Everyone

• Foster trust and openness while respecting individuality within a marriage.
• Discuss and agree on boundaries regarding the sharing of private information.