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Pages 40-42

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From page 40...
... 40 "long recognized the common law tort of invasion of privacy,"549 have relied on William Prosser's four bases on which a claim in tort may be made for an invasion of privacy: "(1) the intrusion upon another's seclusion or solitude, or into another's private affairs; (2)
From page 41...
... 41 2. Intrusion upon Seclusion A second cause of action for an invasion of privacy for disclosing personal data is for intrusion upon seclusion.
From page 42...
... 42 (PennDOT) regulation that required health care professionals to inform PennDOT of every patient older than 15 who had certain designated medical conditions that could affect a patient's ability to drive a vehicle.577 The plaintiff argued that the regulation violated privacy rights and would cause individuals to avoid seeking medical care to assure that they would not lose their driving privilege.578 In Pennsylvania, although patients have a right to privacy in their medical information, the courts use a seven-factor test to balance the individual's interests against the state's interests in public health and safety.579 The court held that "the privacy interests of [the plaintiff 's]

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