Hi... I have a question regarding Invasion of Privacy. I am in the fourth year of a Chapter 13 Bankruptcy which I had to get into to "Play Defense" against some illiegal bank tactics forcing them to "Play Nice". When they involve their attorney in informing me and other people about additonal charges they will be trying to attach at some point in the future, I receive a big white envelope in the mail with a large mailing sticker saying ... DEBTOR DANIEL XXXXXXXX How is this not Invasion of Privacy since, even if one person I don't want to know about this damaging thing knows about it (My mailman), and makes jokes about it. And if you say its not illegal, why the urgency to, as Jesus said, "Strain the Gnat"...why isn't Dr. Daniel Xxxxxxxx sufficient to accomplish the task of notifying me of something. Since I am a wannabe whostudied law for a few years and know the definition of this tort, I am always interested in having a lawyer tell me what it "really means"... Thanks in advance for your help. Dr. Dan Xxxxxxxx
You might be able to maintain a cause of action for publication of private information. Elements of the tort include (1) publication, (2) absent any waiver or privilege, (3) of private matters in which the public has no legitimate concern, (4) so as to bring shame or humiliation to a person of ordinary sensibilities.
The Restatement (Second) of Torts, § 652D, at 383 (1977), articulates the tort of public disclosure of private facts by stating that "(o)ne who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public."
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