TITLE 9
Courts and Civil Procedure–Procedure Generally

CHAPTER 9-1
Causes of Action

SECTION 9-1-28.1


   § 9-1-28.1  Right to privacy – Action for deprivation of right. – (a) Right to privacy created. It is the policy of this state that every person in this state shall have a right to privacy which shall be defined to include any of the following rights individually:

   (1) The right to be secure from unreasonable intrusion upon one's physical solitude or seclusion;

   (i) In order to recover for violation of this right, it must be established that:

   (A) It was an invasion of something that is entitled to be private or would be expected to be private;

   (B) The invasion was or is offensive or objectionable to a reasonable man; although,

   (ii) The person who discloses the information need not benefit from the disclosure.

   (2) The right to be secure from an appropriation of one's name or likeness;

   (i) In order to recover for violation of this right, it must be established that:

   (A) The act was done without permission of the claimant;

   (B) The act is of a benefit to someone other than the claimant;

   (ii) It need not be established that there was any publication.

   (3) The right to be secure from unreasonable publicity given to one's private life;

   (i) In order to recover for violation of this right, it must be established that:

   (A) There has been some publication of a private fact;

   (B) The fact which has been made public must be one which would be offensive or objectionable to a reasonable man of ordinary sensibilities;

   (ii) The fact which has been disclosed need not be of any benefit to the discloser of the fact.

   (4) The right to be secure from publicity that reasonably places another in a false light before the public;

   (i) In order to recover for violation of this right, it must be established that:

   (A) There has been some publication of a false or fictitious fact which implies an association which does not exist;

   (B) The association which has been published or implied would be objectionable to the ordinary reasonable man under the circumstances;

   (ii) The fact which was disclosed need not be of any benefit to the discloser.

   (b) Right of action. Every person who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to a deprivation and/or violation of his or her right to privacy shall be liable to the party injured in an action at law, suit in equity, or any other appropriate proceedings for redress in either the superior court or district court of this state. The court having jurisdiction of an action brought pursuant to this section may award reasonable attorneys' fees and court costs to the prevailing party.

   (c) Right of access. Nothing in this section shall be construed to limit or abridge any existing right of access at law or in equity of any party to the records kept by any agency of state or municipal government.

History of Section.
(P.L. 1980, ch. 403, § 1.)