The Lombardi Law Firm Blog

Wisconsin ruling honors the limits of privacy not actually waived

We’ve been covering privacy issues and the violation of privacy rights. We’ve discussed in recent posts the unauthorized surveillance by a husband of the wife in her bedroom, the Anthony Pellicano invasion of privacy indictment and prison sentence in California and finally stalker secrets involving bullying. Each post involves the limits of privacy. At the end of December 2008 the Wisconsin appellate court ruled that agreeing to be naked with a person in the privacy of a bedroom does not waive the person’s privacy right not to have the activity videotaped. The Court’s concerns probably have to do with the nature of video and the Internet’s ability to make video so widely and readily available on sites like YouTube,  AOL Video, Bullz-Eye, LikeTelevision, CNET TV and LiveVideo, to name just a few.

The Court of Appeals assigned the docket number 2007AP002130 for State vs. Mark T. Jahnke.  The Wisconsin brief bank doesn't appear to have the briefs. I searched using the docket number, 2007AP002130.  

The import of free video on the Internet and the damage that can result can be seen by the number of viewers that can watch a video. On YouTube there is a video clip Free Hugs Campaign - Official Page (music by Sick Puppies.net ). This video has been viewed 36,073,252 times from September 22, 2006 to the day I’m writing this blog post on December 31, 2008.

Consider the personal reputation damage that one person can inflict on another by such an action. An attorney could try the case, a jury award $10,000,000.00 but realistically this kind of verdict can’t be collected from the average Joe or Jane. There is no way to adequately compensate an individual from such an invasion into their privacy. Experience tells me the Court’s will universally come down hard on this type of invasion.
State vs. Mark T. Jahnke - 2007AP002130 Docket number Portage County, Court of Appeals, District 4, Scheduled for release on December 30, 2008. Opinion.

It does not appear the Court of Appeals opinion has been ordered to be published.

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Labels: consent iowa Jahnke privacy rights violation waiver wisconsin