Invasion of Privacy

Question 1

List the 4 invasion of privacy torts

Answer 1

1. Appropriation
2. Intrusion upon Seclusion
3. Public Disclosure
4. False Light

Question 2

Appropriation of Name or Likeness / Right to Publicity

Answer 2

One who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.

Question 3

Intrusion Upon Seclusion

Answer 3

One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person

Question 4

What two elements do you look at to determine if you had an expectation of privacy in an intrusion upon seclusion scenario?

Answer 4

1. The identity of the intruder

2. The means of the intrusion

Question 5

Public Disclosure

Answer 5

One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that

a. Would be highly offensive to a reasonable person, and
b. Is not of legitimate concern to the public

Question 6

Public Disclosure - what if the information was true?

Answer 6

It had to be wrongfully obtained

Question 7

False Light

Answer 7

One who gives publicity to a matter concerning another that places the other before the public in a false light us subject to liability to the other for invasion of his privacy, if

a. The false light in which the other was placed would be highly offensive to a reasonable person, and
b. The actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed

Question 8

According to the Hustler v. Falwell case, what additional element must a public person bringing an emotional distress claim based on publication prove in order to be successful?

Answer 8

Actual Malice

Question 9

Do absolute privileges apply here?

Answer 9

Yes, with the same rules as defamation

Question 10

Do conditional privileges apply here?

Answer 10

Yes, with the same rules as defamation