Tennessee courts have recognized the common-law tort of invasion of privacy (Roberts v. Essex Microtel Assocs., 46 S.W.3d 205 (Tenn. Ct. App. 2000)). This common-law tort includes four different types of privacy claims:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts (e.g., unreasonable publicity given to one's private life);
• False light privacy (e.g., publicity that normally places the other in a false light before the public); and
• Appropriation of one’s name or likeness.
Surveillance. It is unlawful for a person to spy on, observe, or otherwise view 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 Code. Sec. 39-13-607).
Global Positioning System (GPS) monitoring. Placing an electronic tracking device on a vehicle to monitor the occupants’ movements is illegal without the vehicle owner’s consent (TN Code Sec. 39-13-607).