In breach of privacy cases, what is implied by "publication of private facts"?

The concept of "publication of private facts" in breach of privacy cases hinges on the requirement that the private facts be communicated to a third party. This means that for a claim to succeed, the plaintiff must demonstrate that their private information was disclosed without consent to someone other than themselves. The essence of this tort is the violation of a person's right to keep certain information private, and thus, the action of revealing this information to another party is a critical element of the claim.

In context, while other aspects are relevant to privacy law, they do not adequately capture the essence of what constitutes improper publication. For instance, it's not necessary for the facts to be public knowledge prior to disclosure, nor does the tort require all published facts to be classified as private. Moreover, malicious intent is not a necessary component for establishing liability in this type of case; the key factor remains the unauthorized communication of private information. By focusing on the communication aspect, the law seeks to protect individuals from unwanted exposure of their personal matters.