Privacy is a person’s legally protected interest in preventing government or other intrusion into their homes; their communications (phone, e-mail, in-person); their luggage; certain compartments of their motor vehicle (glovebox, trunk); their personally identifiable information (PII); their body (hair, clothing, unexposed body parts); their image and likeness (through unauthorized use); and other information, places, and property (real and personal) in which persons have a reasonable expectation of privacy.

People generally do not have a right to privacy from being photographed or heard (if done without use of surreptitious electronic or other surveillance technologies) in public places—essentially, when they step outside of their home. There are exceptions to this general rule in which persons do have a right to privacy—such as in a doctor’s exam room or when making a phone call in a phone booth.

The Fourth Amendment to the United States Constitution protects people against government intrusions into their privacy.

And state and federal laws (statutes and court opinions) generally protect persons from unauthorized use of their personal information and from intrusions into their privacy by nongovernmental persons or entities. These protected privacy interests are generally limited to areas in which persons have a reasonable expectation of privacy (home, health information, image and likeness, e-mail communications, etc.)—and these laws vary from state to state.

In New York, privacy is recognized as a significant legal interest, and various state statutes and federal laws protect it. The Fourth Amendment of the U.S. Constitution provides a foundational layer of protection against unreasonable searches and seizures by the government, thereby safeguarding individuals' privacy in their homes, communications, and possessions. In New York, the right to privacy extends to protection against intrusion into one's personal information and unauthorized use of one's image and likeness, as codified in New York Civil Rights Law sections 50 and 51, which prohibit the commercial use of a person's name, portrait, picture, or voice without their written consent. Additionally, New York State has laws that protect the privacy of electronic communications, health information, and other sensitive personal data. The New York State Technology Law, for example, includes provisions for the protection of personal privacy concerning the management of personal information by state entities. While there is no general expectation of privacy in public spaces, New York recognizes exceptions where privacy is reasonably expected, such as in medical settings or when using private communication methods like phone booths. It's important to note that these protections are subject to limitations and exceptions, and the specifics can vary based on the context and the nature of the privacy interest involved.