3. Laws of Privacy

Question 1

Four torts in the law of privacy:

Answer 1

1. Appropriations
2. Intrusion
3. False Light
4. Disclosure

Question 2

What is the tort of Appropriations?

Answer 2

The D uses the P’s name or image for a commercial purpose.

Question 3

What is the exception for Appropriations?

Answer 3

Newsworthy exception: If it is newsworthy, then it is exempt.

Question 4

What is the tort of Intrusion?

Answer 4

1. An invasion of P’s seclusion,
2. Where P had a reasonable expectation of privacy,
3. In a way that is highly offensive to an average person.

Question 5

What is the tort of False Light?

Answer 5

The widespread dissemination of a major falsehood about the P, that would be offensive to an average person.

Question 6

What are the damages in a False Light cause of action?

Answer 6

Emotional and psychological harm.

Question 7

What is the tort of Disclosure?

Answer 7

The widespread dissemination of confidential information about the P, that would be highly offensive to an average person.

Question 8

What is the exception to the tort of Disclosure?

Answer 8

Newsworthiness: If it has some degree of newsworthiness, then there will not be a cause of action. (Very broad — Tabloids)

Question 9

What affirmative defenses are available for privacy torts?

Answer 9

1. Consent

2. The same privileges from Defamation are available for False light and disclosure