Invasion of Privacy

Question 1

Invasion of Privacy Torts

Answer 1

1) Intrusion Upon the Seclusion of Another
2) Publicity Given to Private Facts
3) False Light
4) Misappropriation of the Right of Publicity

Question 2

Intrusion Upon Seclusion

Answer 2

Defendant INTENTIONALLY INTRUDES, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns if the intrusion would be HIGHLY OFFENSIVE to a reasonable person

Consider the strong/weak EXPECTATION OF PRIVACY

Question 3

Publicity Given to Private Facts

Answer 3

1) The facts disclosed must be PRIVATE in nature
◦ Not of public record
2) The disclosure must be made to the PUBLIC
◦ To the public at large, or at least a large group of people
◦ OR enough people that it is substantially certain that the information will go public
◦ Some decisions say that a disclosure to a group about which the plaintiff really cares is sufficient
3) The disclosure must be one which would be HIGHLY OFFENSIVE to a reasonable person
4) The fact or facts disclosed cannot be of LEGITIMATE CONCERN to the public; and
◦ Newsworthiness test (as opposed to morbid/sensationalist prying)
5) The defendant acted with RECKLESS DISREGARD of the private nature of the fact or facts disclosed

Question 4

False Light

least likely to be recognized by a court

Answer 4

“Publicity which unreasonably places another in a false light before the public”

Different from defamation because…
‣ Involve injuries to EMOTIONS, mental suffering (defamation requires damage to reputation)
‣ Must be offensive to a reasonable person, but NEED NOT BE DEFAMATORY
‣ WIDESPREAD PUBLICITY is required

Question 5

Misappropriation of the Right to Publicity

Answer 5

“One who appropriates the commercial value of a person’s identity by using without consent the person’s name, likeness, or other indicia of identity FOR PURPOSES OF TRADE is subject to liability.”