Invasion of Privacy Flashcards
Invasion of Privacy
Generally, causes of action for invasion of privacy relates to the
violation of one’s right to be let alone. One of four theories must be charged:
appropriation of likeness, intrusion upon seclusion, public disclosure of private facts, or
false light.
Appropriation of Likeness
Under the theory of appropriation of likeness, the plaintiff
alleges that the defendant has committed an invasion of privacy through the
unauthorized use of the plaintiff’s name or likeness. Most commonly, the suit arises
from the use of the plaintiff’s name or likeness to promote a business or product,
however most jurisdictions do not require a commercial use.
Intrusion upon Seclusion
Under the theory of intrusion upon seclusion, the plaintiff
alleges that the defendant has committed an invasion of privacy through an intentional
and unreasonable interference with the plaintiff’s private affairs or an invasion of a
location in which the plaintiff has a reasonable expectation of privacy.
Public Disclosure of Private Facts
Under the theory of public disclosure of private
facts, the plaintiff alleges that the defendant has committed an invasion of privacy
through the publication of information relating to the plaintiff which is not of legitimate
concern to public, in a way that would be highly offensive to a reasonable person.
False Light
The theory of false light is not recognized by some states and in these
states, the plaintiff must prove defamation to recover damages. However, in those
states which recognize false light, the plaintiff must prove that the defendant has
committed an invasion of privacy through the publication to the public of offensive,
untruthful or misleading information about the plaintiff. In California, where the
publication involves a false statement, an action is brought for defamation; where the
publication involves a false implication, an action is brought for false light.
