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Civil Litigation

Sue for Invasion of Privacy

People usually look up how to sue for invasion of privacy after something specific: a photo used in an ad without permission, intimate images shared, a hidden camera, or personal details posted to embarrass them.

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01 GUIDE

Sue for Invasion of Privacy: what usually happens

New York's narrower approach

Many states recognize a broad common law right to sue over invasions of privacy, including intrusion into private spaces and public disclosure of private facts. New York does not. Its courts have long held that privacy claims exist only where a statute creates them. The most familiar statute protects against using a person's name or likeness for advertising or trade purposes without written consent. New York also allows civil claims over the unlawful sharing of intimate images, and other conduct may fit claims such as defamation or intentional infliction of emotional distress, which have demanding requirements of their own. If the conduct happened in, or was aimed at, another state, that state's broader rules may apply.

Saving evidence without making it worse

Capture what you see before it is taken down: screenshots that show the web address, the date, and the account that posted it, and saved copies of messages with their details intact. If an image involves a minor, do not save, copy, or forward it; report it to law enforcement instead. Do not try to log into anyone else's account or device to gather proof, because that can create legal problems of your own. Platforms usually offer reporting tools for non-consensual images and impersonation, and using them promptly is often worthwhile once you have your own record. For a hidden camera or secret recording, contact law enforcement as well, since that conduct may also be a crime.

Matching the facts to a claim

The early work is matching what happened to a claim the law actually recognizes, then deciding where it belongs. We look at whether the use was commercial, who published the material, whether a platform or an individual is the right target, and which state's law applies. Some of these claims carry short time limits, so waiting for things to calm down can cost options. If you know who is responsible, avoid confronting them, and let counsel handle any demand. We also discuss what you want out of the matter, whether removal, an end to the conduct, money damages, or a combination, because the answer shapes whether a letter, a police report, or a lawsuit comes first.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

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Attorney Advertising. This page is general information about sue for invasion of privacy and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.