This is the information age of electronics, data, computing and the internet. Cameras and the ability to capture photos and video are everywhere. Protecting private information is no longer an easy thing to do. This could allow one’s likeness or attributes to be used in various ways that allow others to make money. The protection of personal information, likeness and private data is covered under the law.
This ensures that individuals that are not part of the news are protected from their own confidential information being made public. Primarily, these laws have to do with name, phone number, address, social security number and credit card numbers. When businesses started using the photo or exact likeness of others to make profits, these were included under privacy protections as well.
How It Works
If someone were to find a wallet on the side of the road or on the floor of a bar and wanted to find the owner, he or she would likely look through it. The individual likely has a driver’s license or identification card that has certain private information on it. Were the finder of the wallet to publish the information of the person’s wallet online, they would leave themselves open to liability of the law. This is due to not having the explicit consent of the owner to do so. Without this consent, they leave themselves vulnerable to prosecution based on invasion of privacy laws. Personal information should not be released to the public, whether online or not, because it can be exploited by others. Most states have protections against this happening. Even businesses shred this information each day to protect protected data from being leaked.
Punishments
When contractors working for a company use personal identifiable information of others, they may be terminated on the spot. Violating the Privacy Act of 1974, one may be penalized by a fine up to $5,000 and a misdemeanor on their record. If one uses another’s information in such a way to defame their character, this is a more severe violation. The offender may be required to pay damages and attorney fees. Additionally, e or she may not be trusted and may be terminated from his or her current position. Adjusting the character or records of a person may also require correcting this altered data. Tougher punishments ensue when handling financial data. Consequences of mishandling this data may include civil fines up to $1,000,000, prison terms of up to five years and other punishments based on the severity of the crime. The exact action against the violator is constructed from the number of violations, the nature of the violation and the effect the violation has on other parties.
Allowable Publications
Publishing personal information of another is permissible in certain circumstances. If one were to find the identification of another, getting it back to them is now easier with sites such as Facebook, Twitter and YouTube. Information that has already been shared publicly about someone is now fair game when posting online. There are no potential violations on public forums where private data has previously been viewed by others. However, even with this information freely out in the open, there are. It is best to use caution when determining how much information to reveal about others.
Dangers
Personal information can protect others in circumstances that become dire. Witness protection, hiding from potential dangers or taking someone in when they are sought after are all ways of escaping possible danger. Violations of the law would include posting or revealing the address or phone number of these places. This could divulge the owner and expose the person that needs protection. Less information in these conditions is best. Limiting private data may also limit risk of encountering stalkers in the same manner.
Defamation
Individuals who post information online about another person may also expose themselves to additional liability if the information they post is defamatory in nature. Defamation occurs when a person publishes a false statement of fact that caused injury to the victim. Any posting online that is viewed by at least one other person than the violator and the victim fulfills the publication element of this tort. The plaintiff must also show that the statement of fact concerned that individual or could be understood to refer to him or her. If the victim is a public figure, the plaintiff must show that the violator acted with actual malice or with a reckless disregard for the truth of the matter in order to recover.
Copyright HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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