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Rh extent of deviation from lawful conduct; the extent to which the violation was willful; the extent to which privacy was invaded.

Moore v. State, 261 Ark. 274, 278-F, 551 S.W.2d 185, 190 (1977).

[25] We have recognized protection of individual rights greater than the federal floor in a number of cases. In the criminal context, we have said: "The privacy of the citizens in their homes, secure from nighttime intrusions, is a right of vast importance as attested not only by our Rules but also by our state and federal constitutions." Fouse v. State, 337 Ark. 13, 23, 989 S.W.2d 146, 150-51 (1999); Garner v. State, 307 Ark. 353, 358-59, 820 S.W.2d 446, 449-50 (1991). The right-to-privacy concept has even been mentioned in connection with an earlier challenge to the predecessor statute to section 5-14-122. In Carter v. State, 255 Ark. 225, 500 S.W.2d 368 (1973), we held that enforcement of our prior sodomy statute did not violate the defendants' right to privacy where the act of which they were accused occurred in an automobile at a well-lighted public rest area adjacent to an interstate highway.

[26] In the area of civil law, this court has been in the forefront in recognizing the existence of four actionable forms of the tort of invasion of privacy: (1) appropriation; (2) intrusion; (3) public disclosure of private facts; and (4) false light in the public eye. See Wal-Mart Stores, Inc. v. Lee, 348 Ark. 707, 74 S.W.3d 634 (2002); Dunlap v. McCarty, 284 Ark. 5, 678 S.W.2d 361 (1984); Dodrill v. Arkansas Democrat Co., 265 Ark. 628, 590 S.W.2d 840 (1979); Olan Mills v. Dodd, 234 Ark. 495, 353 S.W.2d 22 (1962). See also Comment, The Right of Privacy, 6 Ark. L. Rev. 459 (1952). Likewise, we have discussed an individual's privacy interests in the context of Ark. Code Ann. § 25-19-105(b)(12) (Repl. 2002), noting that it exempts disclosure of personnel records only when an unwarranted invasion of personal privacy would result. Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992). In Young, the court concluded section 25-19-105(b)(12) requires that the public's right to knowledge be weighed against an individual's right to privacy. Id.

[27–29] In considering our constitution together with the statutes, rules, and case law mentioned above, it is clear to this