Liability & LegalQuestion 102 of 200

California recognizes both common-law and statutory invasion-of-privacy claims. Civil Code §1708.8 ('physical' and 'constructive' invasion of privacy) most directly addresses:

a.Unauthorized use of a competitor's trademark
b.Employer reporting of payroll taxes
c.Lender disclosure of consumer credit information
d.Knowing entry onto another's land, or use of a visual or auditory enhancing device, to capture an image or recording of a person engaged in a personal or familial activity, with intent to gain profit or other benefit

Explanation

Civil Code §1708.8 was enacted in response to paparazzi but applies broadly. Subsection (a) prohibits physical invasion (trespass) to capture personal images; (b) prohibits constructive invasion (telephoto lenses, drones, directional microphones) to capture images of personal activity. For guards, it matters when surveilling employee break areas, restrooms, or off-premises private activities. California's Constitution Art I §1 separately establishes an inalienable privacy right, supporting common-law privacy torts (intrusion upon seclusion, public disclosure of private facts). Trademark (a), credit reporting (c), and payroll (d) are unrelated.

Law Reference: Cal. Civil Code §1708.8; California Constitution Article I §1

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