Invasion of Privacy Torts

Question 1

Torts - Invasion of Privacy / what, right protected, standing

Answer 1

Unreasonable interference with P’s right of solitude and privacy

• personal - not extendable to family members

Question 2

Torts - Invasion of Privacy - Dx Rule

Answer 2

Need to prove Special Dx

• i.e. mental anguish, humilliation, ridicule, etc

Question 3

Torts - Invasion of Privacy - Types (4)

Answer 3

1. Public Disclosure of private matter
2. App of commercial likeness
3. Publication in false light
4. Intrusion upon seclusion

Question 4

Torts - Invasion of Privacy - Public Disclosure of Private Matter - Elements (4)/ i.e., exception

Answer 4

1. Broad disclosure to public
2. Of private info (no legitimate public concern)
3. About P
4. Reasonable person would expect to remain private

• i.e. medical record
• Exceptions: some states for name/address of sexual offender

Question 5

Torts - Invasion of Privacy - Appropriation of Commercial Likeness - Elements (3)/i.e.

Answer 5

1. Unauthorized use
2. Of P’s name/image/ picture/likeness
3. For D’s commercial advantage or to promote product

i.e. use picture w/out permission on ad

Question 6

Torts - Invasion of Privacy - Publication in false light - Elements (5)/ i.e.

Answer 6

1. Publication by D
2. Of false attribution about D
3. That casts false ligth on P’s public view
4. That is highly offensive to reasonable person
5. And that results in dx (harm to emotional well-being)

• i.e. use of picture next to pedofile nature headline

Question 7

Torts - Invasion of Privacy - Publication in false light - Difference with defamation

Answer 7

Protection of emotional well being instead of reputation (for defamation)

Question 8

Torts - Invasion of Privacy - Intrusion upon seclusion - Elements (4), i.e.

Answer 8

1. Physical intrusion by D
2. On P’s private affairs and/or seclusion
3. Violates reasonable expectation of privacy
4. Highly offensive to reasoanble person

• i.e. peak thorugh windows, tap phone without warrant, review of private record

Question 9

Torts - Invasion of Privacy - Defenses (2)

Answer 9

1. Consent
2. Newsworth of public figure activity / Legitimate new story
3. Defamation privilege
4. Whistleblowing: in most states if in GF to fed, state or local agency or regulatory org