Legal Question in Civil Litigation in North Carolina

Would I be invading privacy?

I have an online business idea that I have not seen replicated, and am wondering if there are legal reasons why not. Hopefully this description is not too vague (I'm paranoid about posting the idea in public), but the concept would involve people submitting to the site names of individuals plus information that might be of interest to people who also know that individual. The information would NOT be about that specific individual, and the site would specifically note that no claims are being made about any of the individuals named.

An analgous situation might involve an online forum for tall people, wherein you could submit the name of a tall person you know, and include a link to a picture of a person who happens to be the exact same height as that person for the benefit of people who also know that person and are interested in seeing people of the same height.

Here's the question: Since the person you submitted the name of did not give their permission, would I be violating their rights in any way by having their name on the site? Again, the site would emphasize that there is no claim that the person named actually is the person in the picture linked to who happens to be the same height.


Asked on 12/29/04, 12:49 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Would I be invading privacy?

If your site is identifying specific people (by name), then you might run the risk of civil liability, such as a claim for defamation; that would require, however, that the statement(s) be false. If the site resulted in "emotional distress" to the individual, then you could be liable. But as a general matter, there is no claim for invation of privacy for simply providing information about another person. I am not aware of any prohibition against, e.g., your purchasing a billboard and posting information about another person (date of birth, employment, medical history). You may of course want to consult a lawyer and provide him or her with more facts.

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Answered on 12/30/04, 9:12 am


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