Privacy Protection Lawyer

If you believe your right to privacy has been violated and you want to file a lawsuit under the Privacy Protection Act, or if a lawsuit has been filed against you for privacy infringement, it is important you consult with an expert lawyer. A privacy protection lawyer has the knowledge and expertise to assess the situation and provide you with the best tools to either file a lawsuit or defend against one.

Our law firm specializes in civil-commercial law, including defamation and privacy infringement. We have previous articles explaining your privacy rights including photography and intellectual property. In this article, Attorney Michael Decker will explain privacy infringement and the requirements that must be met to file a lawsuit.

Privacy Protection Laws

The Privacy Protection Act, 1981 prohibits the violation of privacy. Section 1 states: “A person shall not violate the privacy of another without his consent.”

The ability to maintain an individual’s right to a private space where they are not disturbed are at the core of privacy protection. To protect an individual’s dignity, of which privacy is a part, several laws addressing privacy were enacted, including the Privacy Protection Act. Violating the provisions of the Privacy Protection Act can lead to both civil and criminal sanctions.

What Constitutes Privacy Infringement?

A lawyer will examine a case and its circumstances to determine if privacy infringement occurred according to Section 2 of The Act, which lists 11 prohibited actions that constitute privacy infringement.

A lawyer specializing in privacy infringement can tell you whether the action for which you intend to sue indeed constitutes privacy infringement as defined by law.

For example, the law defines privacy infringement as:

1. surveillance or tracking of a person in a manner that may disturb them or other harassment (subsection 1),
2. eavesdropping (subsection 2),
3. photographing a person in a private space (subsection 3),
4. publishing a person’s photograph taken in public under circumstances that may humiliate or degrade them (subsection 4),
5. publishing a person’s photograph taken in public during an injury – physical or mental – due to a sudden event, in a way that makes them identifiable and the publication may embarrass them (subsection 4(a)),
6. copying the content of a letter or other writing not intended for publication, or using its content without the recipient’s or writer’s permission (subsection 5),
7. breaching confidentiality imposed by law regarding a person’s private affairs (subsection 7), and publishing matters related to a person’s private life, including their sexual history, health condition, or behavior in private space (subsection 11).

Compensation Without Proof of Damage

If a lawyer concludes that your privacy was indeed infringed and recommends filing a lawsuit, compensation can be awarded without proof of damage. What does this mean? Similar to the Defamation Act, the Privacy Protection Act states that in a civil lawsuit, the court may order the defendant to pay the plaintiff compensation not exceeding NIS 50,000 without proof of damage (Section 29A(b)(1)).

Subsection 2 states that if it is proven that the privacy infringement was intentional, the court may order the defendant to pay the plaintiff compensation not exceeding double the amount, without proof of damage. That is, a maximum compensation of NIS 100,000 without proof of damage.

In this matter, too, it is crucial to get an explanation from a lawyer. Privacy infringement is a serious matter, but the court may not award compensation in every case. The court is not obliged to award you the maximum compensation stipulated by law. It may, but is not required to. The amount awarded may be significantly lower than the statutory amount. The court will be guided by several considerations and will examine the circumstances of the case, and will rule accordingly.

The court will examine, among other things, how severe the privacy infringement was, whether the infringer apologized to the victim after being informed of the infringement, whether they acted to correct the situation, whether the infringement was intentional (if yes, double compensation may be awarded), whether the infringement was done before a large audience, and whether the infringer was aware that they were violating the victim’s privacy.

Additionally, the court will examine whether any of the exemptions under the law apply to the infringer.

Privacy Protection Act – Defenses

Chapter 3 of the Act deals with defenses.

If a lawsuit is filed against you for privacy infringement, it is advisable to consult with a lawyer specializing in privacy protection as soon as possible, so they can determine if any of the defenses listed in the Act apply to you.

Section 18 of the Act states that in a criminal or civil lawsuit for privacy infringement, it is a valid defense if one of the following applies:

(1) The infringement was done by way of publication protected under Section 13 of the Defamation Act, 1965.

(2) The defendant or accused committed the infringement in good faith under one of the six circumstances listed in this section, including: they did not know and could not have known of the possibility of privacy infringement (subsection a), the infringement was done to protect a legitimate personal interest of the infringer (subsection b), the infringement was by way of photography or publication of a photograph taken in a public place where the victim’s image appeared incidentally (subsection e).

(3) The infringement was in the public interest justifying it under the circumstances, provided that if the infringement was by way of publication, the publication was not false.

Section 19 of the Act deals with exemptions, stating in subsection (a) that a person shall not be held liable under this Act for an act they were authorized to do by law.

Subsections (b) and (c) provide exemptions to security authorities, their employees, or anyone acting on their behalf, if the infringement was done reasonably in the course of duty and for its purpose.

In conclusion, privacy infringement is grounds for a tort lawsuit and can sometimes result in significant compensation. However, the right to privacy is not absolute. The court will balance it against other rights, such as freedom of expression, and will check if the infringer has defenses or exemptions under the law.

Contact a Privacy Protection Lawyer to Defend Your Privacy

It is advisable to seek legal advice as soon as possible from a lawyer specializing in privacy protection to act judiciously and in the best manner under the circumstances.

Our law firm has extensive experience in filing lawsuits for privacy infringement. Contact us for expert legal help.

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03-3724722

055-9781688

office@lawoffice.org.il