Legal Question in Constitutional Law in Maryland

HIPA or Fourth Amendment Violation?

The man with whom I am in a relationship is finalizing the divorce from his wife (takes a year in MD after moving out of the marital home). His wife hired a PI, who attached a GPS to her husband's company car. (Even though she and her attorney and everyone else involved were aware of his relationship with me, and he did not deny it.)

In the course of their investigation, I went to a doctor's appointment, where the man met me for support. The PI obviously learned this from the GPS, deduced my medical condition, and publicly announced it in public court proceedings that have nothing to do with the divorce. I feel this is a violation against me of the HIPA law or Fourth Amendment. Do I have any recourse?


Asked on 11/11/08, 1:44 pm

1 Answer from Attorneys
William Farley Law Office Professional Corporation

Re: HIPA or Fourth Amendment Violation?

You may have a claim for Invasion of Privacy / False Light. These claims arise a private matter is publicly disclosed. See Taylor v. Nations Bank, 365 Md. 166, 776 A.2d 645 (2001).

You may also have a claim for �Intrusion Upon Seclusion.� This occurs when there is an intrusion upon the solitude or seclusion of another or her private affairs are revealed. Furman v. Sheppard, 130 Md. App. 67, 77, 744 A.2d 583, 586 (2000).

You should contact an attorney to fully understand your rights in light of your unique set of facts.

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Answered on 11/12/08, 11:13 pm


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