Invasion of Right to Privacy

Question 1

Four Types of Invasion of Privacy

Answer 1

Appropriation of Plaintiff’s Name/Picture, Intrusion Into Plaintiff’s Affairs or Seclusion, Publication of Facts Placing Plaintiff in False Light, Public Disclosure of Private Facts about Plaintiff.

Question 2

Appropriation of Plaintiff’s Name or Picture

Answer 2

Unauthorized use of plaintiff’s name or picture for defendant’s commercial use.

Mere economic gain is insufficient. Liability is generally limited to advertisements/promotions

Question 3

Intrusion On Plaintiff’s Affairs Or Seclusion

Answer 3

Act of prying or intrusion must be highly offensive to a reasonable person, and thing being intruded upon must be private.

Question 4

Publication of Facts Placing Plaintiff in False Light

Answer 4

Attributing to plaintiff views he does not hold or actions he did not take.

Requires: Publication and if it is matter of Public Concern requires Malice to be proven.

False Light = highly offensive to reasonable person.

Question 5

Public Disclosure of Private Facts about Plaintiff.

Answer 5

Must be highly offensive to an reasonable person of ordinary sensibilities.

Truth is no defense.

Legitimate Public Interest? (1st amendment protection?)

Question 6

Causation

Answer 6

Plaintiff’s interest in privacy must have been proximately caused by defendant’s conduct.

Question 7

Right of Privacy

Answer 7

does not extend to family members, does not survive death, not assignable. NOT APPLICABLE TO CORPORATIONS.

Question 8

Special Damages

Answer 8

No need to prove, emotional distress and mental anguish are sufficient.

Question 9

Defenses

Answer 9

Consent, Defamation privileges, Truth generally not good defense, nor inadvertence, good faith or lack of malice