Does the fact that information that was not previously part of the public domain constitute a cause of action for violation of the right to privacy?

California, United States of America


The following excerpt is from Nicholson v. McClatchy Newspapers, 177 Cal.App.3d 509, 223 Cal.Rptr. 58 (Cal. App. 1986):

4 The fact that information is not previously part of the "public domain" may in some cases be considered in determining whether a cause of action for violation of the right to privacy may be stated. (See Kapellas v. Kofman (1969) 1 Cal.3d 20, 36, 81 Cal.Rptr. 360, 459 P.2d 912.) But this factor is not in itself sufficient to give rise to a cause of action where the legitimate public interest in the published information is substantial. (Ibid.) "Because of their public responsibilities, government officials and candidates for such office have almost always been considered the paradigm case of 'public figures' who should be subjected to the most thorough scrutiny." (Ibid., fn. omitted.)

Other Questions


Does the admission of evidence in a civil case of criminal proceedings against Fuentes violate his federal constitutional right to exercise his right to privacy? (California, United States of America)
Is an invasion of privacy a violation of the state constitutional right to privacy if the invasion is justified by a competing interest? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a finding that a cause of action for wrongful termination in violation of public policy may be based on a violation of section 98.6, subdivision (a), be improper? (California, United States of America)
Is there a separate cause of action for emotional distress as a result of an actionable invasion of the right to privacy? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Is there any cause of action for wrongful termination in violation of public policy for age discrimination? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
What is the standard for determining whether a defendant's state constitutional right to an impartial jury was violated by an excusal for cause? (California, United States of America)
What are the elements of a cause of action for privacy violation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.