Privacy

This section covers the right of privacy under state law. Most state laws attempt to strike a balance between the individual’s right to privacy and the public interest in freedom of the press. The two primary types of invasion of privacy actions are intrusion upon seclusion and publication of private facts. You can also be liable for portraying someone in a false light, misappropriating their image or likeness, violating their right of publicity, or even for fraud or trespass over gathering the news. This section also covers recording of phone calls and conversations, and videotaping in public places.

Justice will no longer name individuals investigated in price-fixing cases unless they are charged

Lilly Chapa | Privacy | News | April 18, 2013
News
April 18, 2013

Business executives under investigation or being questioned about price fixing practices -- but not yet charged -- will no longer be publicly named in corporate plea agreement documents submitted to courts by the Department of Justice.

The new policy will also completely exclude from plea agreements the names of employees who are not cooperating with the price-fixing or bid-rigging investigation, as well as those who can’t be tracked down or are still being investigated. If they are charged, their names will be made public.

Lower court should have protected blogger's identity, Mich. appeals court rules

Lilly Chapa | Privacy | News | April 11, 2013
News
April 11, 2013

The identity of an anonymous blogger sued for defamation does not have to be disclosed, according to the Michigan Court of Appeals.

The appeals court ruled last week that a lower court erred when it refused to protect the anonymous identity of the blogger known only as “Rockstar05.” The trial judge incorrectly applied law from outside the state when it should have used Michigan law addressing anonymous online commenters, the appeals court stated.

Judiciary Committee approves "overdue" e-mail privacy bill

Lilly Chapa | Privacy | News | December 3, 2012
News
December 3, 2012

The Senate Judiciary Committee Friday unanimously approved a “very overdue” bill that would require law enforcement officials to get a warrant before accessing e-mail messages, updating a dated privacy law.

The proposed amendments are historic and will create a consistent method for handling government access to online communications, said Sophia Cope, director of government affairs at the Newspaper Association of America. But the measure likely won’t go to the Senate this year, forcing the process to start over again next year, she said.

Google's latest transparency report shows government surveillance on the rise in U.S.

Lilly Chapa | Privacy | News | November 19, 2012
News
November 19, 2012

Paula Broadwell isn’t the only person whose Gmail messages were read by government officials – Google received almost 8,000 e-mail access requests from U.S. state and federal governments in the past six months, according to the latest Google Transparency Report.

Google fully or partially granted 90 percent of the requests made by federal, state and local U.S. governments, according to the report. The requests by stateside governments account for more than a third of requests worldwide.

Chicago officials violate strict eavesdropping law

Lilly Chapa | Privacy | News | November 13, 2012
News
November 13, 2012

Chicago City Hall officials violated Illinois' strict eavesdropping law when they ‘inadvertently’ recorded conversations with Chicago Tribune reporters without their consent.

The Tribune sent the city a letter Friday demanding that officials stop secretly recording conversations with reporters. The newspaper also requested copies of the recorded conversations.

Wyoming

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. Wyo. Stat. Ann. § 7-3-702 (2012).

Wisconsin

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. Wis. Stat. Ann. § 968.31 (West 2011).

West Virginia

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. W. Va. Code § 62-1D-3 (2012).

Washington

Date: 
August 1, 2012

Summary of statute(s): All parties to either an in-person conversation or electronic communication generally must consent to its recording — a requirement that is satisfied by one party’s reasonably effective announcement, which also must be recorded, to all other parties that the conversation is about to be recorded. Wash. Rev. Code Ann. § 9.73.030 (West 2012).

Virginia

Date: 
August 1, 2012

Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents. Va. Code Ann. § 19.2-62 (West 2012).