Invasion of Privacy Laws
United States citizens are guaranteed the right to privacy, and breaches of this right on behalf of any party are considered criminal acts. It’s important to know how Tennessee state legislation defines privacy invasions, in order to both protect yourself against potential injustices and ensure that an invasion of privacy is not committed accidentally. Legal representation is also crucial for any case involving this type of crime — but before such steps are even taken, it’s a good idea to acquaint oneself with the legalities.
Categories of Privacy Invasion
Tennessee law recognizes various differentiations of privacy invasions, depending on the circumstances of the crime. Consequences for each of the following crimes vary depending on the recognized severity:
- Interceptions: This type of crime applies to nonconsensual recording or dissemination of a transmission between two parties via phone, radio, or an alternative form of two-way communication. Publication of such an interception qualifies as a Class E felony, otherwise these transgressions merit Class A misdemeanor charges.
- Electronic Tracking Devices (on vehicles): Unless implanted by a law enforcement official for purposes in accordance to state and federal legislation, the installation or hiding of electronic tracking devices on a vehicle without consent of the vehicle’s owner is considered an invasion of privacy. These offenses are classified as Class C misdemeanors.
- Unlawful Observation: Observation of an individual, without prior acknowledgment and consent of the individual in question, is considered a crime if the viewing occurs in a location where privacy could be reasonably expected. These crimes are classified as Class A misdemeanors.
- Photography Without Consent: As with unlawful observation, photography of an individual in a location of reasonably expected privacy is considered a criminal offense. Such crimes are considered Class A misdemeanors, unless photographs captured under such circumstances are displayed before other persons, in which case the crime is elevated to the status of a Class E felony.
- Electric Surveillance: Also known as “wiretapping,” interception of communications via electronic or oral means is considered a criminal offense if the persons whose transmissions are breached have not consented to the use of intercepting technology. Whether these types of charges qualify as misdemeanors or felonies depends on the circumstances, particularly the prospective publication of the intercepted conversation.
Damages and Limitations
Any United States citizen who has fallen victim to an invasion of privacy is guaranteed the right to pursue compensation through litigation from the offender in question. Typically, this means some variation of statutory damages, punitive damages, court and attorneys fees, as well as the net total of any actual damages calculated as a consequence of the offense.
It should be noted that privacy invasion lawsuits must be filed within 2 years of the victim’s discovery of a violation.
Hire Nashville Privacy Invasion Attorneys
At Turner Law Offices, P.C., our team of attorneys has years of experience working with clients across a wide range of circumstances related to invasions of privacy. Whether you’re the victim of such a crime, or accused of committing an act of privacy invasion, we know the most efficient means of pursuing a satisfactory resolution. Call today, or go online to set up your Free Initial Consultation, and meet with a skilled lawyer who’s ready and waiting to get you on track toward the compensation you deserve.
(615) 259-2660