§ 9-1-28.1 - Right to privacy – Action for deprivation of right.
SECTION 9-1-28.1
§ 9-1-28.1 Right to privacy – Actionfor deprivation of right. – (a) Right to privacy created. It is the policy of this state that everyperson in this state shall have a right to privacy which shall be defined toinclude any of the following rights individually:
(1) The right to be secure from unreasonable intrusion uponone's physical solitude or seclusion;
(i) In order to recover for violation of this right, it mustbe established that:
(A) It was an invasion of something that is entitled to beprivate or would be expected to be private;
(B) The invasion was or is offensive or objectionable to areasonable man; although,
(ii) The person who discloses the information need notbenefit from the disclosure.
(2) The right to be secure from an appropriation of one'sname or likeness;
(i) In order to recover for violation of this right, it mustbe established that:
(A) The act was done without permission of the claimant;
(B) The act is of a benefit to someone other than theclaimant;
(ii) It need not be established that there was anypublication.
(3) The right to be secure from unreasonable publicity givento one's private life;
(i) In order to recover for violation of this right, it mustbe established that:
(A) There has been some publication of a private fact;
(B) The fact which has been made public must be one whichwould be offensive or objectionable to a reasonable man of ordinarysensibilities;
(ii) The fact which has been disclosed need not be of anybenefit to the discloser of the fact.
(4) The right to be secure from publicity that reasonablyplaces another in a false light before the public;
(i) In order to recover for violation of this right, it mustbe established that:
(A) There has been some publication of a false or fictitiousfact which implies an association which does not exist;
(B) The association which has been published or implied wouldbe objectionable to the ordinary reasonable man under the circumstances;
(ii) The fact which was disclosed need not be of any benefitto the discloser.
(b) Right of action. Every person who subjects orcauses to be subjected any citizen of this state or other person within thejurisdiction thereof to a deprivation and/or violation of his or her right toprivacy shall be liable to the party injured in an action at law, suit inequity, or any other appropriate proceedings for redress in either the superiorcourt or district court of this state. The court having jurisdiction of anaction brought pursuant to this section may award reasonable attorneys' feesand court costs to the prevailing party.
(c) Right of access. Nothing in this section shall beconstrued to limit or abridge any existing right of access at law or in equityof any party to the records kept by any agency of state or municipal government.