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Entertainment & Business Litigation

Privacy Torts & CVPA

California provides some of the strongest privacy protections in the country — including a constitutional right to privacy and a civil remedy for the nonconsensual disclosure of intimate images. Eagan Law represents clients in these sensitive and consequential matters with discretion and skill. Serving Los Angeles, Santa Monica, Beverly Hills and Malibu.

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Privacy violations cause real and lasting harm — to reputation, relationships, professional standing and personal dignity.

California recognizes a constitutional right to privacy under Article I, Section 1 of the California Constitution — a protection that extends beyond what federal law provides and applies to both government and private actors. This constitutional foundation supports a robust body of civil privacy torts that give individuals meaningful recourse when their privacy is violated.

Privacy tort cases are among the most sensitive matters in civil litigation. They often involve deeply personal information, highly charged emotional circumstances and — particularly in the context of public figures — significant reputational stakes. Eagan Law brings both the legal skill and the professional discretion these matters require.

California's right of publicity — codified in Civil Code § 3344 — protects against the unauthorized commercial use of a person's name, voice, photograph or likeness. Right of publicity claims frequently arise in entertainment, advertising and digital media contexts, and may overlap with privacy tort claims where the unauthorized use also involves private information or images.

California's Confidentiality of Medical Information Act (CMIA) and the California Consumer Privacy Act (CCPA) provide additional avenues for privacy protection beyond common law torts. Where privacy violations are ongoing — such as the continued distribution of unauthorized images — we move quickly for injunctive relief to halt the harm before pursuing damages. Civil Code § 1708.85 (CVPA) explicitly provides for punitive damages in cases of intentional unauthorized disclosure of intimate images, making these claims among the most powerful privacy remedies available in California.

Privacy tort claims frequently arise alongside other causes of action — defamation and false light claims where the privacy violation also involved false statements, civil sexual assault claims where intimate image disclosure was part of a broader pattern of abuse, and NDA breach claims where the disclosed information was subject to a confidentiality agreement.

Constitutional Privacy Protection

California's constitutional right to privacy (Art. I, § 1) applies to private actors — not just government — giving California residents broader protection than the federal constitutional framework provides.

CVPA Civil Remedy

California Civil Code § 1708.85 creates a civil cause of action for the nonconsensual disclosure of intimate images, with damages including emotional distress, a civil penalty of up to $150,000 and attorneys' fees.

Injunctive Relief Available

Where privacy violations are ongoing — such as continued distribution of intimate images — courts may issue injunctive relief to stop further dissemination while the case proceeds.

Related Practice Areas
Defamation & False LightNDA & ConfidentialityCivil Sexual Assault
Types of Claims

California Privacy Torts

01

Intrusion Upon Seclusion

Intrusion upon seclusion is one of California's core privacy torts. It occurs when a person intentionally intrudes — physically, electronically or otherwise — into a place, conversation or matter where the plaintiff has a reasonable expectation of privacy, and the intrusion would be highly offensive to a reasonable person. Unlike disclosure-based torts, intrusion does not require that private information be published or shared — the act of intrusion itself is actionable.

  • Unauthorized recording of private conversations
  • Hacking or unauthorized access to private accounts or devices
  • Surveillance in private spaces
  • Interception of private communications
  • Unauthorized access to medical or financial records
02

Public Disclosure of Private Facts

This tort protects against the public disclosure of private information that a reasonable person would find highly offensive and that is not of legitimate public concern. Unlike defamation, the information disclosed need not be false — it only needs to be genuinely private and disclosed without consent. The "newsworthiness" defense is the most common defense to this claim and is frequently contested in cases involving media defendants.

03

False Light

False light is a privacy tort that protects against publications that place a person in a false light that would be highly offensive to a reasonable person — even where the statements made are not technically defamatory. It frequently arises in media contexts where accurate facts are presented in a misleading or distorted way. California recognizes false light as a distinct tort, though it overlaps significantly with defamation and is sometimes pleaded alongside it.

  • Misleading editorial framing of accurate facts
  • Selective quotation that distorts meaning or intent
  • False attribution of statements, views or actions
  • Fictionalized accounts based on real individuals
  • Misleading use of photographs or video
04

Misappropriation of Name or Likeness

California Civil Code § 3344 protects individuals from the unauthorized commercial use of their name, voice, signature, photograph or likeness. This claim — closely related to the right of publicity — requires a commercial use without consent and applies to living individuals. It is distinct from the common law right of publicity and may be pursued alongside it, providing additional statutory remedies including attorneys' fees.

  • Unauthorized use in advertising or marketing
  • Commercial endorsements without consent
  • Use of name or image on merchandise
  • Unauthorized use in promotional materials
  • Digital or AI-generated likeness misuse
The CVPA

California's Nonconsensual Intimate Image Law

California Civil Code § 1708.85 — the Dignity in Privacy Act — provides a civil remedy for the nonconsensual disclosure of intimate images. This is one of the strongest statutory privacy protections in the country and reflects California's leadership in addressing image-based abuse.

Eagan Law has handled matters in this area at the highest level, including a prominent early case involving a public figure that helped shape the legal and cultural conversation around these issues.

Who Can Bring a Claim

Any person whose intimate image was disclosed without their consent — regardless of whether the image was originally taken with or without consent — may bring a claim under the CVPA. The law applies where the depicted person had a reasonable expectation that the image would remain private.

What Must Be Shown

The plaintiff must show that the defendant intentionally disclosed the image, that the image depicted the plaintiff's intimate parts or sexual conduct, that the plaintiff had a reasonable expectation of privacy and that the defendant knew or should have known the disclosure was unwanted.

Available Remedies

A prevailing plaintiff may recover actual damages including emotional distress, disgorgement of the defendant's profits, a civil penalty of up to $150,000 per plaintiff per defendant where malice is shown and reasonable attorneys' fees and costs. Injunctive relief to prevent further disclosure is also available.

Acting Quickly Matters

Where intimate images have been disclosed online, the speed of response matters enormously. Eagan Law can advise on emergency legal options — including injunctive relief and platform takedown requests — alongside the civil claim itself.

Why Eagan Law

Trusted Counsel in Sensitive Matters

Privacy tort matters are among the most personal in civil law. Clients need counsel who brings both legal sophistication and genuine discretion to every aspect of the engagement.

1

Experience With High-Stakes Privacy Matters

Todd Eagan has represented clients in privacy tort matters involving national media coverage, prominent public figures and entertainment industry professionals — where the stakes extend beyond legal remedies to encompass reputation, career and personal dignity. These matters require both legal command and the judgment to navigate extraordinary public pressure.

2

Discretion as a Core Commitment

Privacy matters are inherently sensitive. Eagan Law handles every matter with strict confidentiality — protecting the client's privacy not just from the opposing party but throughout the litigation process itself.

3

Immediate Action When It Matters

In ongoing privacy violations — particularly those involving digital disclosure — speed is essential. Eagan Law advises on emergency legal options including injunctive relief and platform takedown requests from the outset of the engagement.

4

Personal Involvement at Every Stage

Todd Eagan is personally involved in every matter at the firm. Clients in sensitive privacy matters work directly with the attorney — not intermediaries — throughout the engagement.

California Law

Privacy Law in California

California's privacy framework is unusually robust. Article I, Section 1 of the California Constitution explicitly guarantees a right to privacy — a protection that applies to private actors, not just the government, and that courts have interpreted expansively. This constitutional foundation supports the tort claims described above and provides an independent basis for relief in appropriate cases.

The California Legislature has supplemented the constitutional framework with a series of statutes that create specific civil remedies for privacy violations. California Civil Code § 1708.85 (the CVPA) addresses nonconsensual intimate image disclosure. California Civil Code § 3344 addresses the commercial misappropriation of name or likeness. The California Invasion of Privacy Act (Penal Code §§ 630–638.55) addresses unlawful recording and interception of communications and creates both criminal penalties and civil remedies.

Statutes of Limitations: Privacy tort claims in California carry varying limitations periods. CVPA claims must generally be brought within three years of the disclosure. Invasion of privacy and misappropriation claims are typically subject to a two-year limitations period. Where violations are ongoing, the limitations period may be tolled. Early consultation is essential to preserve available remedies.

Privacy claims involving media defendants raise significant First Amendment considerations. California courts must balance the plaintiff's privacy interests against the defendant's free speech rights — particularly where the information disclosed relates to a matter of public concern. The strength of a media defendant's First Amendment defense depends heavily on whether the plaintiff is a public or private figure and on the nature and extent of the public interest in the disclosed information.

Common Questions

Frequently Asked Questions

What is California's CVPA and what does it cover?

The Dignity in Privacy Act — codified at California Civil Code § 1708.85 — creates a civil cause of action against any person who intentionally discloses an image of another person's intimate parts or of a person engaged in a sexual act, where the depicted person had a reasonable expectation that the image would remain private. The law applies regardless of whether the original image was taken with or without the subject's consent — what matters is whether the disclosure was consented to.

What damages are available under the CVPA?

A prevailing plaintiff under California Civil Code § 1708.85 may recover actual damages including damages for emotional distress, plus any profits the defendant made from the disclosure. Where the defendant acted with malice, the court may award a civil penalty of up to $150,000 per plaintiff per defendant. The plaintiff may also recover reasonable attorneys' fees and costs, and the court may issue injunctive relief to prevent further disclosure.

What is intrusion upon seclusion under California law?

Intrusion upon seclusion is one of California's recognized privacy torts. It occurs when a person intentionally intrudes — physically, electronically or otherwise — into a place, conversation or matter where the plaintiff has a reasonable expectation of privacy, in a way that would be highly offensive to a reasonable person. Unlike disclosure-based torts, intrusion upon seclusion does not require that private information be published — the act of intrusion itself gives rise to the claim.

Can I bring a privacy tort claim against a media outlet or publication?

Yes, in certain circumstances. California recognizes privacy tort claims against media defendants, though these cases involve significant constitutional considerations. The First Amendment protects speech on matters of public concern, and California courts must balance privacy interests against free speech rights. The strength of a claim against a media defendant depends on whether the plaintiff is a public or private figure, the nature of the information disclosed and whether its disclosure serves a legitimate public interest that outweighs the plaintiff's privacy interests.

How quickly do I need to act on a privacy tort claim?

Statutes of limitations for privacy torts in California vary by claim type. Claims under the CVPA must generally be brought within three years of the disclosure. Invasion of privacy and misappropriation claims are typically subject to a two-year limitations period. Where violations are ongoing — such as continued online distribution of intimate images — early action is especially important, as courts may issue injunctive relief to stop further dissemination while the case proceeds.

Discuss Your Matter

Privacy matters require immediate, discreet counsel. All consultations with Eagan Law are completely confidential.

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