Yahoo Inc. v. Nat. Union Fire Ins. Co. of Pittsburgh, PA

Opinion of the Court by Jenkins, J.

The law of privacy recognizes, among other things, a right to secrecy and a right to seclusion. “[A] person claiming the privacy right of seclusion asserts the right to be free, in a particular location, from disturbance by others. A person claiming the privacy right of secrecy asserts the right to prevent disclosure of personal information to others. Invasion of the privacy right of seclusion involves the means, manner, and method of communication in a location (or at a time) which disturbs the recipient’s seclusion. By contrast, invasion of the privacy right of secrecy involves the content of communication that occurs when someone’s private, personal information is disclosed to a third person.” (ACS Systems, Inc. v. St. Paul Fire & Marine Ins. Co. (2007) 147 Cal.App.4th 137, 148–149 (ACS Systems).)1 Privacy injuries that involve the right of seclusion are sometimes actionable under the federal Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227 (section 227)), provided the violation involves the use of telephonic equipment.

1 Our case law also recognizes two other types of privacy violations. Stated in general terms, these are:…