Invasion of Right to Privacy

Question 0

What are the elements of appropriation (for invasion of right to privacy)?

Answer 0

• use of plaintiff’s name or picture
• for commercial advantage
• without permission

Note: must be used for advertising, promotional, or labeling purposes

Question 1

What are the types of invasion of rights of privacy?

Answer 1

• Appropriation
• Intrusion
• False light
• Public disclosure of private facts

Question 2

What are the elements of intrusion (for invasion of right to privacy)?

Answer 2

• interference with a plaintiff’s seclusion
• in a way that would be highly offensive to a reasonable person

Note: plaintiff must be in a place where she has an expectation of privacy

Fallback: possibly intentional infliction of emotional distress

Question 3

What are the elements of false light (for invasion of right to privacy)?

Answer 3

• widespread dissemination
• of information that is in some way inaccurate
• and would be highly offensive to a reasonable person

Note: can even be flattery

Question 4

What are the elements of public disclosure of private facts (for invasion of right to privacy)?

Answer 4

• widespread dissemination
• of factually accurate information
• that would normally be confidential
• disclosure of which would be highly offensive to a reasonable person

Note: Newsworthy disclosures are not actionable. Embarrassing disease ≠ public interest unless a celebrity

Question 5

What are the defenses to invasion of right to privacy?

Answer 5

Consent, (absolute and qualified privileges for false light and public disclosure claims)