invasion of privacy

Question 1

Intrusion into Seclusion

Answer 1

D unreasonably intrudes into P’s seclusion (zone of privacy).
o Intrusion must be highly objectionable to a reasonable person (e.g. wiretapping, stalking).
o Damages include compensatory damages (e.g. mental distress) and if bad enough, punitive damages.

Question 2

Commercial Appropriation of Likeness or Identity

Answer 2

Unauthorized use of P’s name, voice, or likeness for D’s commercial advantage. Newsworthy purpose of P’s likeness or identity is exempt.

Question 3

Public Disclosure of Private True Facts

Answer 3

o Disclosure + of private facts + disclosure is highly offensive to reasonable person + not newsworthy.
o Look for passage of time – 20 years pass and less relevant.
o Need some sort of publication/dissemination of information.
o Injunction is possible because the information is true (unlike defamation).
o If D gets information from public records, D cannot be liable for sharing that information.