Invasion of Privacy

Question 0

Seclusion

Answer 0

refers to P’s right to solitude or to the privacy of personal affairs or concerns. Conduct may not be intrusive if P has no reasonable expectation of solitude or privacy (eavesdropping on a conversation on a public sidewalk).

Question 1

Intrusion into Seclusion

Answer 1

D intentional unreasonably intrudes into zone of privacy.

Intrusion must be highly objectionable to a reasonable person.

including physical intrusions (installing webcam in P’s home) and non-physical (photographing P in yard).

Question 2

Damages recoverable in Intrusion into Seclusion

Answer 2

Compensatory damages (mental distress unaccompanied by physical injury) and punitive damages under appropriate circumstances.

Question 3

Appropriation of Identity or Likeness

Answer 3

Unauthorized use identity or likeness for commercial advantage.

use must be in the promotion of a product or service.

deriving an economic benefit alone is not enough (ie unauthorized biography)

Question 4

Damages recoverable for Appropriation of Identity or likeness

Answer 4

Compensatory damages measured by the reasonable value of the use.

Punitive damages should be recoverable on a proper showing

Question 5

Public Disclosure of Private Facts

Answer 5

1. disclosure
2. private facts
3. highly offensive to a reasonable person
4. not a public concern - newsworthy

must be an aspect or component of P’s life not open to public view and not a matter of public record

Question 6

Damages recoverable in Public Disclosure of Private Facts

Answer 6

Compensatory damages including mental distress unaccompanied by physical injury

Question 7

When Public Disclosure of Private Facts is NOT actionable

Answer 7

when publication is newsworthy.

Private matters contained in public records are absolutely privileged

Question 8

False Light Invasion of Privacy

Answer 8

1. Publication of false information.
2. a reasonable person would find highly offensive.
3. some level of fault - who are the parties

This is a less offensive falseness than defamation.

Compensatory and potentially punitive damages available

Question 9

Defenses to Invasion of Privacy - List & summary

Answer 9

Truth - available for false light, not approbation or intrusion
Consent - available to all as any other tort. P must prove lack of consent as part of his prima facie case
Privilege - same applicable privileges to defamation apply to all.

Question 10

Constitutional issues with portrayal in a false light

Answer 10

where P is portrayed in a false light as to a matter of public interest, P must prove D acted with malice - knowledge of falsity or reckless disregard for the truth or falsity - in order to recover.