A plaintiff cannot claim invasion of privacy based on information that she herself has already disclosed in a public filing.
In Graham v. Archer, No. E2016-00743-COA-R3-CV (Tenn. Ct. App. Aug. 10, 2017), the Court of Appeals affirmed dismissal of an invasion of privacy case. A pro se plaintiff had previously filed an HCLA case against defendants, which was ultimately dismissed. In that case, plaintiff alleged that defendants had failed to provide her with requested medical records, and the defendants responded with affidavits “demonstrating that they had complied with or attempted to comply with each of [plaintiff’s] requests for medical records.” These affidavits were the basis for plaintiff’s subsequent invasion of privacy suit. Plaintiff argued “that, by filing the affidavits, the defendants disclosed her name, address, telephone numbers, and the identity of, and contact information for, her physicians,” constituting an invasion of privacy.
The trial court dismissed the case, finding that plaintiff had no reasonable expectation of privacy for this information because it was contained in pleadings she herself had filed in the HCLA case. That holding was affirmed by the Court of Appeals.