§ 9-1-28.1. Right to privacy — Action for deprivation of right.
(a) Right to privacy created. It is the policy of this state that every person in this state shall have a right to privacy which shall be defined to include any of the following rights individually:
(1) The right to be secure from unreasonable intrusion upon one’s physical solitude or seclusion;
(i) In order to recover for violation of this right, it must be established that:
(A) It was an invasion of something that is entitled to be private or would be expected to be private;
(B) The invasion was or is offensive or objectionable to a reasonable man; although,
(ii) The person who discloses the information need not benefit from the disclosure.
(2) The right to be secure from an appropriation of one’s name or likeness;
(i) In order to recover for violation of this right, it must be established that:
(A) The act was done without permission of the claimant;
(B) The act is of a benefit to someone other than the claimant;
(ii) It need not be established that there was any publication.
(3) The right to be secure from unreasonable publicity given to one’s private life;
(i) In order to recover for violation of this right, it must be established that:
(A) There has been some publication of a private fact;
(B) The fact which has been made public must be one which would be offensive or objectionable to a reasonable man of ordinary sensibilities;
(ii) The fact which has been disclosed need not be of any benefit to the discloser of the fact.
(4) The right to be secure from publicity that reasonably places another in a false light before the public;
(i) In order to recover for violation of this right, it must be established that:
(A) There has been some publication of a false or fictitious fact which implies an association which does not exist;
(B) The association which has been published or implied would be objectionable to the ordinary reasonable man under the circumstances;
(ii) The fact which was disclosed need not be of any benefit to the discloser.
(b) Right of action. Every person who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to a deprivation and/or violation of his or her right to privacy shall be liable to the party injured in an action at law, suit in equity, or any other appropriate proceedings for redress in either the superior court or district court of this state. The court having jurisdiction of an action brought pursuant to this section may award reasonable attorneys’ fees and court costs to the prevailing party.
(c) Right of access. Nothing in this section shall be construed to limit or abridge any existing right of access at law or in equity of any party to the records kept by any agency of state or municipal government.
History of Section.P.L. 1980, ch. 403, § 1.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Chapter 9-1 - Causes of Action
Section 9-1-1. - Action on promissory note.
Section 9-1-2. - Civil liability for crimes and offenses.
Section 9-1-2.1. - Civil liability for stalking.
Section 9-1-3. - Liability of parents for torts of minors.
Section 9-1-3.1. - Liability of parents and unemancipated minors for torts to each other.
Section 9-1-4. - Statute of frauds.
Section 9-1-5. - Liability of landlord for improvements to real estate by tenant by oral lease.
Section 9-1-6. - Causes and actions surviving death of parties.
Section 9-1-7. - Prosecution and defense of actions by executor or administrator.
Section 9-1-8. - Actual damages only to be granted after death of party.
Section 9-1-9. - Survival of actions for the recovery of possession of land.
Section 9-1-10. - Settlement of real estate title in action involving executor or administrator.
Section 9-1-11. - Survival of claims for damages in laying out of highways.
Section 9-1-12. - When action is commenced for purposes of statute of limitations.
Section 9-1-13. - Limitation of actions generally — Product liability.
Section 9-1-14. - Limitation of actions for words spoken or personal injuries.
Section 9-1-14.1. - Limitation on malpractice actions.
Section 9-1-14.2. - Limitation of “Agent Orange” or phenoxy herbicides actions.
Section 9-1-14.3. - Limitation on legal malpractice actions.
Section 9-1-14.4. - Limitations on home inspector malpractice actions.
Section 9-1-15, 9-1-16. - Repealed.
Section 9-1-17. - Limitation of actions on contracts or liabilities under seal and on judgments.
Section 9-1-18. - Effect of absence from state on limitations.
Section 9-1-19. - Disability postponing running of statute.
Section 9-1-20. - Time of accrual of concealed cause of action.
Section 9-1-21. - Effect of death of party on statute of limitations.
Section 9-1-22. - Extension of time after termination of action.
Section 9-1-23. - Effect of joinder of counts on limitation.
Section 9-1-24. - Special limitations provisions unaffected.
Section 9-1-25. - Time for bringing suit against state, political subdivision, city, or town.
Section 9-1-26. - Liability of hospitals.
Section 9-1-27. - Police and firefighters — Immunity from liability.
Section 9-1-27.1. - Good Samaritan — Immunity from liability.
Section 9-1-27.2. - Court appointed special advocate program — Immunity from liability.
Section 9-1-27.3. - Court appointed law clerk advocate program — Immunity from liability.
Section 9-1-28. - Action for unauthorized use of name, portrait, or picture.
Section 9-1-28.1. - Right to privacy — Action for deprivation of right.
Section 9-1-29. - Constructors of improvements to real property — Immunity from liability.
Section 9-1-31.1. - Members of public bodies — Exemption from liability.
Section 9-1-32. - Effect of alteration of product after sale.
Section 9-1-33. - Insurer’s bad faith refusal to pay a claim made under any insurance policy.
Section 9-1-35. - Civil action for ethnic or religious intimidation and/or vandalism.
Section 9-1-36. - Enumeration of statutes of limitation.
Section 9-1-37. - Enumeration of periods of appeal.
Section 9-1-38. - Limitation of actions for medical expenses incurred by minors.
Section 9-1-39. - Civil action for desecration.
Section 9-1-40. - Civil liability for nonpayment of accident and sickness insurance by employer.
Section 9-1-41. - Loss of consortium — Loss of society and companionship.
Section 9-1-43. - Civil action for childsnatching.
Section 9-1-44. - Civil action for release of names of minors.
Section 9-1-45. - Attorney’s fees in breach of contract actions.
Section 9-1-46. - Affirmative defense of trespasser’s intent to commit a crime.
Section 9-1-47. - Loss of homemaker services.
Section 9-1-48. - Immunity from civil liability — Sports teams.
Section 9-1-49. - Correct corporate name and registered agent — Duty to provide.
Section 9-1-50. - Settled claims not paid within thirty (30) days.
Section 9-1-51. - Limitation on actions based on sexual abuse or exploitation of a child.
Section 9-1-52. - Cause of action for next lowest bidding qualified contractor.
Section 9-1-53. - Misclassification of employees — Civil action.
Section 9-1-54. - Civil action against employer by employee under subpoena.