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Asked in CA May 18, 2022 ,  0 answers Visitors: 1

At work, someone dug up my police record and mug shot and shared it with coworkers. What are my rights or has my privacy right been violated?

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2 Answers

Anonymous
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Posted on / Aug. 10, 2015 23:25:00

Libel and slander traditionally require making a "false and defamatory" statement about the plaintiff. Establishing an actionable tort when the essence is that the defendant made true but malicious and harmful statements is somewhat more difficult, requiring, I believe, proof of actual malice, i.e., an intent to do harm to the plaintiff. If the defendant was only doing a civic duty or giving a fair warning, there's nothing actionable, but if the prospective defendant intended to cause pain and embarrassment or undermine plaintiff's community standing, a suit for damages may be successful. See a "torts" lawyer who handles defamation cases; your case is a recognized subtype and if you can show malicious intent and damages, I'd say you have a good case.

Anonymous
Reply

Posted on / Aug. 10, 2015 23:25:00

Libel and slander traditionally require making a "false and defamatory" statement about the plaintiff. Establishing an actionable tort when the essence is that the defendant made true but malicious and harmful statements is somewhat more difficult, requiring, I believe, proof of actual malice, i.e., an intent to do harm to the plaintiff. If the defendant was only doing a civic duty or giving a fair warning, there's nothing actionable, but if the prospective defendant intended to cause pain and embarrassment or undermine plaintiff's community standing, a suit for damages may be successful. See a "torts" lawyer who handles defamation cases; your case is a recognized subtype and if you can show malicious intent and damages, I'd say you have a good case.

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