HF 370

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to privacy; recognizing a cause of action for 
  1.3             public disclosure of private facts; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 604. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [604.13] [PUBLIC DISCLOSURE OF PRIVATE FACTS.] 
  1.7      Subdivision 1.  [DEFINITION.] "Public disclosure of private 
  1.8   fact" means publicizing a matter concerning an individual's 
  1.9   private life if the publication: 
  1.10     (1) would be considered highly offensive by a reasonable 
  1.11  person; and 
  1.12     (2) is not of legitimate concern to the public. 
  1.13     Subd. 2.  [CAUSE OF ACTION.] (a) A cause of action for 
  1.14  public disclosure of private fact is recognized.  A plaintiff 
  1.15  may bring an action for: 
  1.16     (1) compensatory damages based on the plaintiff's loss or 
  1.17  the defendant's unjust enrichment; or 
  1.18     (2) an injunction to prevent or restrain a public 
  1.19  disclosure of private fact. 
  1.20     (b) Compensatory damages are not limited to damages for 
  1.21  pecuniary loss, but are not presumed without proof.  
  1.22     Subd. 3.  [PRIVILEGES AND DEFENSES.] The cause of action 
  1.23  under this section must be interpreted in accordance with the 
  1.24  developing common law of privacy and applicable common law and 
  1.25  constitutional privileges and defenses. 
  2.1      Subd. 4.  [OTHER RIGHTS.] This section does not preclude 
  2.2   the development of other common law actions and remedies based 
  2.3   on a right of privacy.