Does New York's right to privacy cover deceased persons?

What the Law Says

New York’s statutory right to privacy is narrowly defined and applies exclusively to living persons.

New York Civil Rights Law §§ 50 and 51 create a limited statutory right to privacy that prohibits the use of a living person’s name, portrait, or picture for advertising or trade purposes without their written consent.

The law explicitly excludes deceased individuals: Section 50 defines 'person' as a 'natural person,' and courts have consistently interpreted this to mean a living human being. Section 51 provides the civil remedy — the right to sue — but only for 'any person whose name, portrait or picture is used within this state for advertising purposes or for the purposes of trade' — again, referring to living persons.

There is no provision in New York law granting posthumous privacy rights, nor does the statute authorize heirs or estates to bring privacy claims on behalf of the deceased.

Statutory Text

A person, firm or corporation that uses for advertising purposes or for the purposes of trade the name, portrait or picture of any living person without having first obtained the written consent of such person … shall be liable to such person …

— N.Y. Civ. Rights Law § 51 — Right of privacy

Statutory Text

Any person whose name, portrait or picture is used within this state for advertising purposes or for the purposes of trade without the written consent required by section fifty shall have a cause of action …

— N.Y. Civ. Rights Law § 51 — Right of privacy

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