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The Right to Privacy in Wisconsin

Posted on October 16, 2017 Uncategorized

Wisconsin’s Right to Privacy Statute

Wisconsin law recognizes a right to privacy and permits individuals to bring civil actions for damages resulting from an invasion of that privacy. Here is how Wisconsin defines an invasion of privacy:

  • Intrusion on someone’s privacy in a way that would be highly offensive to a reasonable person, in a place that a reasonable person would consider private or in a manner that is actionable for trespass.
  • Using a living person’s name or likeness for advertising purposes without first receiving written consent from that person or, if the person is a minor, written consent from a parent or guardian.
  • Publicity given to a private life event in a manner that a reasonable person would find highly offense, if the defendant has acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter involved, or with actual knowledge that none existed. However, it is not an invasion or privacy to communicate publicly available information.
  • Making a representation that depicts nudity without the nude person’s knowledge and consent in a circumstance in which the person has a reasonable expectation of privacy, regardless of whether there has been any criminal action.

The right to privacy statute does not define what constitutes “reasonable,” leaving it to courts to judge each case’s particular facts and circumstances on a case-by-case basis.

Available Remedies

There are several remedies available to you if a court determines that your right to privacy has been invaded. Those remedies are:

  • Equitable relief to prevent and restrain the invasion of privacy. This does not include restraint against constitutionally protected speech.
  • Compensation based on either the plaintiff’s loss or the defendant’s unjust enrichment.
  • A reasonable amount for attorney’s fees.

However, if the court determines that your invasion of privacy lawsuit is frivolous, then the defendant may be entitled to reasonable fees and costs. The law considers an action frivolous if it was commenced in bad faith or to harass the defendant, or if it is not a viable claim.

Contact Us Today

Contact the personal injury attorneys at Bye, Goff & Rohde today for a free consultation if you have suffered damages from an invasion of privacy. We can help you recover the compensation that you deserve.