Privacy Violation Guide — Tort Claim

What is Privacy Violation and a Privacy Violation Claim?

Privacy violation is a breach of a person's personal privacy rights, whether through disclosure of personal information, sharing of confidential statements, publication of photos without consent, or conducting unauthorized surveillance. In Israel, the right to privacy is protected under tort law and family law, particularly through claims in which the claimant alleges damages resulting from such a breach.

A privacy violation claim is a legal proceeding in which the injured party seeks monetary compensation from the person who violated their privacy. Compensation may cover emotional damages, psychological harm, reputational damage, and pain and suffering. Unlike traffic accidents or workplace injuries, where there are often clear medical evidence, privacy violation claims require proof of the connection between the breach and the alleged damage.

Our firm, Mandelbaum, Gor, Witzman-Gor and Partners, specializes in representing claimants in tort claims, including complex privacy violation cases. Since 2008, we have assisted injured parties in obtaining fair compensation and legal remedies.

Why is it Important to Consult an Attorney in a Privacy Violation Claim?

Privacy violation claims are legally complex and difficult to prove. An experienced attorney will help you document the damage, file a claim properly, and negotiate with the opposing party or insurance company. Without legal representation, it is easy to miss deadlines, present weak evidence, or encounter legal defenses you did not anticipate.

Types of Privacy Violations — Cases Creating Legal Claims

Privacy violation can occur in many different ways. Each case is unique, but there are common categories that give rise to legal claims:

1. Disclosure of Personal Information Without Consent

Publication or sharing of sensitive information such as ID number, address, medical information, financial information, or contact details without authorization from the individual. This may be done by a public institution, private company, or even a private person. Such disclosure can lead to widespread damage, including identity theft, harassment, or discrimination.

2. Photography or Publication of Photos Without Consent

Taking a photograph of a person in a private or public place and publishing the image on social media, in a newspaper, or in advertising without express consent. Even photography in a family newsletter or company report may create a claim if the violator did not obtain consent.

3. Recording of a Conversation or Confidential Statement

Recording a telephone conversation or in-person conversation without knowledge or consent of the other party is a privacy violation. In Israel, the law establishes strict rules regarding recordings, and in some cases, even a lawful recording used without consent may create a claim.

4. Disclosure of Medical Information or Sensitive Data

Public or private entities, such as hospitals, health funds, government offices, or even employers, may violate a person's privacy by disclosing medical information, genetic data, or information about health status without consent.

5. Surveillance or Photography in a Private Place

Following a person, photographing them in a private place such as their home or office without consent, or installing surveillance cameras in changing rooms, bathrooms, or other places where there is an expectation of privacy. This may create a particularly serious claim.

6. Publication of False Information or Defamation

Publication of false or defamatory information about a person in a newspaper, on social media, or on another platform may create a claim for privacy violation as well as for libel.

7. Breach of Professional or Business Secrets

An employee, partner, or third party who discloses professional secrets, trade secrets, or sensitive business information without consent. This is somewhat different from personal privacy violation, but may still create a claim under tort law.

How Much Compensation Can You Receive in a Privacy Violation Claim?

The amount of compensation in a privacy violation claim depends on many factors and can vary significantly from case to case. In some circumstances, the compensation may be a relatively small sum, while in other cases it may reach very substantial amounts. Below is a detailed breakdown of the factors affecting the compensation amount:

Factors Affecting the Compensation Amount

• Severity of the Breach: How extensive is the privacy violation? Is it a one-time recording or prolonged surveillance? Was the information particularly sensitive (medical, sexual, financial)?
• Scope of Exposure: How many people were exposed to the information? Was it published publicly (social media, newspaper) or kept in a more private context?
• Duration: Is this a one-time incident or a continuous breach spanning months or years?
• Intent or Negligence: Did the defendant violate privacy intentionally or through negligence? Intent typically leads to higher compensation.
• Actual Damages: What actual damages have you suffered? Psychological, social, financial, or reputational damages?
• Defendant's Financial Status: Is the defendant a private individual or a large entity (company, government institution)? Large companies are often able to pay higher compensation.

Typical Compensation Ranges

According to Israeli case law, compensation for privacy violations can vary substantially. In minor cases (for example, publishing a photo without consent once), compensation may range in the low thousands. In serious cases (for example, continuous surveillance, disclosure of sensitive medical information publicly, or information causing significant financial harm), compensation may reach tens of thousands or even hundreds of thousands.

It is important to note that each case is examined individually, and the judge weighs all the above factors to determine a fair amount. There is no fixed formula, and it is not possible to guarantee a specific amount in advance. However, an experienced attorney can make an estimate based on prior similar case law.

Legal Defenses and Defendant's Claims

When you file a privacy violation claim, the defendant may raise various legal defenses. It is important to be aware of these claims so you can prepare accordingly:

Defense No. 1: Consent

The defendant may argue that you gave consent (actual or implied) to the privacy violation. For example, if you posted a photo yourself on social media, the defendant may argue that you implicitly consented to the use of the photo. Your attorney will need to prove that you did not consent, or that consent was limited.

Defense No. 2: Freedom of Expression

In some cases, the defendant may raise a defense of freedom of expression or freedom of the press. This becomes relevant in cases where the publication had public or news importance. The court will need to balance your right to privacy against the defendant's freedom of expression.

Defense No. 3: Public Information

If the disclosed information was already public (for example, prior publication in a newspaper or online), the defendant may argue that they are not responsible for the initial disclosure. However, re-disclosure of information may also create a claim if it caused additional damage.

Defense No. 4: Lack of Causation

The defendant may argue that the damages you suffered are not directly related to the privacy violation, but rather to other factors. In this case, you will need to prove a direct causal link between the breach and the damage.

Defense No. 5: Statute of Limitations

Tort claims have a time limit. Typically, you must file a claim within three years from the day the privacy violation was discovered. If this period has elapsed, the defendant may argue that the claim is not permitted.

How a Lawyer Can Help You in a Privacy Violation Claim

Privacy violation claims are complex and difficult to prove. An experienced attorney will assist you at every stage of the process:

Stage 1: Initial Case Assessment

During an initial consultation meeting (which is free at our firm), your attorney will listen to your story, review your evidence, and assess the strength of your claim. He will explain your rights, the next steps, and your chances of success in the claim.

Stage 2: Evidence Collection and Investigation

Your attorney will assist you in gathering all necessary evidence, including documents, messages, screenshots, and recordings. He may also request witnesses (friends, family, employers) to testify about the damages you suffered.

Stage 3: Filing a Formal Compensation Demand

Before filing a lawsuit in court, your attorney will prefer to send a formal compensation demand to the defendant. This allows for negotiation and can lead to a quick settlement without the need for prolonged litigation.

Stage 4: Negotiation with the Defendant or Insurance Company

If the defendant has liability insurance (which is common in cases where the defendant is a company or institution), your attorney will negotiate with the insurance company. He will use professional negotiation tactics to achieve the highest possible amount.

Stage 5: Filing a Lawsuit in Court

If a settlement cannot be reached, your attorney will file a formal lawsuit in court. He will prepare all necessary documents, present evidence, and argue for your rights.

Stage 6: Representation in Legal Proceedings

Your attorney will represent you in all court hearings, act according to law, and argue for your claim. He will use deep legal knowledge and experience in similar claims to convince the judge.

Stage 7: Enforcement of the Judgment

After obtaining a judgment in your favor, your attorney will ensure that the defendant pays the compensation in time. If the defendant refuses to pay, your attorney will be able to take enforcement steps to collect the compensation.