Invasion of Privacy

Question 1

What are the categories of the invasion of privacy?

Answer 1

1. Intrusion
2. Commercial appropiation
3. Public disclosure of private true facts
4. False light invasion of privacy

Question 2

When does intrusion arise?

Answer 2

• Arises when Δ intentionally interferes with P’s zone of privacy
• Does not require any sharing or publication of information
• invasion done in a way that is offensive to a reasonable person
  
  • i.e. - electronic eavesdropping, stalking, wire tapping
• Damages
  
  • emotional distress, punitive damages

Question 3

When does commercial appropiation of identity or likeness arise?

Answer 3

• P doesn’t mind being appropiated but they want to be compensated
• don’t have to be famous, anyone can bring an action
• the use most be commercial not a newsworthy purpose

Question 4

When does disclosure of a private true fact arise?

Answer 4

• P has to prove:
  
  1. disclosure of
  2. private facts
  3. disclosure is highly offensive to a reasonable person
  4. it is not newsworthy
• Look for the passage of time
• Damages
  
  • injunction can be granted
• Constitutional issue
  
  • if info gotten from public records then Δ not liable