Invasion of Privacy Flashcards
Invasion of Privacy Torts
Include:
- Intrusion into Seclusion
- Appropriation of Identity or Likeness
- Public Disclosure of Private Facts
- Portrayal in a False Light
Intrusion into Seclusion
When a D unreasonably intrudes into the Ps seclusion without the Ps consent. The intrusion must be highly objectionable to a reasonable person.
Intrusion into Seclusion: What is an Intrusion?
-Includes physical intrusions (e.g. webcam) and non-physical intrusions (e.g. photographing the P in his backyard)
Seclusion
A plaintiff’s right to physical solitude or to the privacy of personal affairs or concerns (look for a reasonable expectation of servitude or privacy).
Damages for Intrusion into Seclusion
Includes:
- Compensatory damages (e.g. mental distress)
- Punitive damages
Appropriation of Identity or Likeness
An unauthorized use of the plaintiff’s identity of likeness for the Ds commercial advantage. The P bears the burden that he did not consent to the Ds use of his identity of likeness.
Appropriation: What is a Use of Identity or Likeness?
When the D uses any object or characteristic sufficient to identify the P.
Appropriation: Commercial Advantage
The wrongful use of the Ps identity or likeness must be in connection with the promotion of a product or service.
-Newsworthy purposes are exempt.
Public Disclosure of Private Facts
When a D unreasonably discloses private facts about a P to the public. Disclosure is actionable if it would be highly offensive to a reasonable person and not of legitimate public concern.
Public Disclosure of Private Facts: Public Req.
The private facts must be disseminated to the public (which distinguishes it from defamation).
Public Disclosure of Private Facts: Newsworthy Facts
Public disclosure of private facts is not actionable where the publication is newsworthy (e.g. pictures in newspapers).
Public Disclosure of Private True Facts: Injunction
An injunction is possible because the information is true (unlike defamation).
Portrayal in a False Light
When a D publishes matters that portray a P in a false light, in that the D attributes to the P views he does not hold or attributing actions that the P did not take + a reasonable person would find it highly offensive.
Portrayal in a False Light: Dissemination
The D must communicate the material to a substantial number of people.
Portrayal in False Light: Constitutional Limitation
When a P is portrayed in a false light as to a matter of public interest, the P must prove that the D had acted with malice (knowledge or reckless disregard).
