Minnesota Public Radio: Court: Invasion of privacy doesn’t require large audience
Wednesday, June 24th, 2009Minnesota Public Radio is reporting on an opinion (pdf) from the Minnesota Court of Appeals concerning privacy. The case, Yath vs. Fairview Clinics, involves a medical clinic employee posting onto MySpace some embarrassing personal information from a patient’s medical file. One of the questions involved whether “an Internet posting on MySpace.com constitute ‘publicity.’” The court held, “the publicity element of an invasion-of-privacy claim is satisfied when private information is posted on a publicly accessible Internet website.” The court reasoned:
The MySpace.com webpage that triggers Yath‘s claim was such a site. Access to it was not protected, as some webpages are, by a password or some other restrictive safeguard. It was a window that Yath‘s enemies propped open for at least 24 hours allowing any internet-connected voyeur access to private details of her life. The claim therefore survives the “publicity” challenge.

