Courts have found that individuals have a right to be protected from a third party's intrusion upon their seclusion; however, this right is not applicable when the image is captured from a public place. The mass distribution of an image can qualify as an intrusion upon seclusion tort and/or a public disclosure of private fact tort. However, the intrusion upon seclusion tort is not applicable because the individual was not in a private location, thereby excluding anyone who happened to be on public property. Similarly, the public disclosure of private facts torts is not applicable to the mass distribution of a image capture because the image may have newsworthy value.
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