Tennessee has only formally recognized two of the four common law invasion of privacy claims: intrusion upon solitude or seclusion and false light privacy (e.g., publicity that normally places the other in a false light before the public). They have not yet recognized public disclosure of private facts (e.g., unreasonable publicity given to one's private life) or appropriation of one's name or likeness. However, the courts have, on at least two occasions, assumed that Tennessee law recognizes all four claims.
Surveillance. It is unlawful for a person to conduct surveillance or observe an individual without prior consent when the individual is in a place where there is a reasonable expectation of privacy, if the viewing:
• Would offend or embarrass an ordinary person if the person knew he or she was being viewed; and
• Was for the purpose of sexual arousal or gratification of the viewer (TN Stat. Sec. 39-13-607).