Establishes a cause of action against any person who gives publicity to a matter concerning the private life of a person where the matter publicized is of a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public.
Summary
A00378 would amend New York’s Civil Rights Law to create a new private right of action for “publicity given to private life.” Under the bill, a person could sue another person who publicizes a matter about their private life if the disclosure would be highly offensive to a reasonable person and is not of legitimate public concern. The bill defines “publicity” broadly to include sharing information with the public at large, with enough people that it is likely to become public knowledge, or even with a specific group that has a special relationship to the person whose private matter was disclosed.
If enacted, the bill would give courts discretion to award injunctive relief, punitive damages, compensatory damages, and reasonable court costs and attorney’s fees. It would take effect immediately and would add a new section 50-h to the Civil Rights Law, expanding civil remedies for privacy-related harms in New York.
Impact
The bill would create a new statutory cause of action in New York for invasion of privacy based on publicity given to private life, adding to the Civil Rights Law and giving affected individuals a direct path to seek damages and injunctive relief. It would affect individuals, media actors, online publishers, and others who disclose private information, potentially broadening civil liability for nonconsensual disclosure of highly offensive private facts. The measure could also influence how courts evaluate privacy claims by codifying a standard focused on offensiveness and lack of legitimate public concern.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of support or opposition from legislative debate. Based on the bill text alone, the measure appears to be framed as a privacy-protection bill aimed at strengthening remedies for harmful disclosures of personal information. The absence of voting history or discussion prevents a reliable assessment of overall legislative sentiment.
Contention
The main points of contention likely concern the breadth of the new cause of action and how it balances privacy against free speech and press protections. Potential opponents may argue that terms such as “highly offensive,” “legitimate concern to the public,” and the broad definition of “publicity” could create uncertainty or chill reporting and speech. Supporters would likely emphasize the need for stronger remedies when private information is disclosed in a harmful way, especially in the digital age where information can spread quickly.
Establishes a cause of action against any person who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or their private affairs or concerns if such intrusion would be highly offensive to a reasonable person.
Establishes a private right of action for any person whose personally identifying information was intentionally disclosed by another individual, without consent, for the purpose of harassing, threatening, intimidating, or causing harm to such person, or with reckless disregard as to whether such disclosure would cause such harm; defines personal information.
Establishes a private right of action for any person whose personally identifying information was intentionally disclosed by another individual, without consent, for the purpose of harassing, threatening, intimidating, or causing harm to such person, or with reckless disregard as to whether such disclosure would cause such harm; defines personal information.
Permits the court to determine the number of hours a person would have to complete of a batters intervention program and gives the court discretion as to whether that person would be personally financially responsible for the costs thereof.
Permits the court to determine the number of hours a person would have to complete of a batters intervention program and gives the court discretion as to whether that person would be personally financially responsible for the costs thereof.
Expands the right of publicity to seventy years following the death of a deceased personality; makes the provisions of such section granting a right of publicity applicable to all deceased persons until the end of such 70 year period.
Relates to actions for claims arising out of coerced debts; limits certain actions; established a right of action against person who causes another to incur coerced debt.
Relates to actions for claims arising out of coerced debts; limits certain actions; established a right of action against person who causes another to incur coerced debt.