Invasion of privacy

Invasion of privacy refers to actions that violate a person’s right to keep their personal life, identity, or information from public exposure. In a business context, invasion of privacy claims often arise when a company uses someone’s name, image, or personal information without permission, or improperly collects, stores, or shares sensitive data.

For small business owners, invasion of privacy risks can come from both traditional business activities (like advertising or marketing) and modern digital practices (like handling customer data online).

Even small businesses can face costly lawsuits, regulatory penalties, and reputational harm from privacy violations. Many claims don’t stem from malicious intent, they happen because business owners are busy and unaware of their exposure.

The right combination of insurance and basic cybersecurity practices can help protect your business, customers, and livelihood.

Common invasion of privacy torts (or wrongful acts) against businesses include misusing a person’s statements for marketing purposes, publishing someone’s likeness without permission, and making email or telephone communications without the opportunity for the recipient to opt out.

Your liability insurance coverage could protect you from financial losses if you or your business is accused of one of these types of invasion of privacy:

Misappropriating a person’s name or likeness. This occurs when a business uses a person’s name or image in marketing materials without consent. Celebrities typically have legal teams to address this issue, but it can apply to anyone. By publishing the celebrity’s name or photo without permission, a business is invading that person’s privacy.

Intruding on someone’s seclusion. Intentionally violating someone’s privacy when they’re in solitude or seclusion could be grounds for a lawsuit. For example, if you tape a private customer conversation without approval and use the remarks on your website, you could face an invasion of privacy lawsuit.

Portraying someone in a false light. This occurs if something you say or publish puts a person in a negative light. Even true statements can sometimes fall into this category if they are damaging to the person’s reputation.

Publicly disclosing private facts. Whenever you disclose sensitive, embarrassing, or private information about a person, you could be at risk of invasion of privacy. Generally speaking, you can get sued whenever you:

• Disclose information about a person’s private life
• Say or write something that is offensive to a reasonable person
• Make revelations that do not legitimately concern the public

Having an insurance safety net against privacy-related lawsuits will not only give you peace of mind, but save you a lot of money should you ever get sued.

Coverage depends on how the privacy violation occurs and which policy you have, such as:

Insureon helps small business owners compare commercial insurance quotes with one easy online application. Start an application today to reduce the financial risks of getting sued.