Law of Privacy Flashcards
What are the four privacy torts?
- Appropriation
- Intrusion
- False light
- Disclosure
What is appropriation?
- D uses P’s name for commercial purposes
ONLY PRIVACY TORT IN NY
What is the one exception to appropriation?
Newsworthiness. Ie the newspaper can use your image to sell more newspapers.
What is intrusion?
Invasion by D of P’s seclusion in way objectionable to average person (must have expectation of privacy, but no trespass required)
Can i have a reasonable expectation of privacy such that walking down the street there cannot be intrusion?
No. Must be in a place where there is a reasonable expectation of privacy.
What is false light?
Widespread dissemination of major falsehood objectionable to average person
No fault required
What is the difference between false light and defamation?
Widespread dissemination is need unlike defamation which can be 1-2 people.
Non defamatory material can be materially false and highly offensive. IE saying you are a Jew.
What is disclosure in the privacy tort respect?
Widespread dissemination of confidential information objectionable to average person
Newsworthiness exception interpreted broadly
If information is non-confidential anywhere, no liability (gay guy outed at work, only place not out, no liability)
What are the affirmative defences to privacy tort?
Consent, absolute and qualified privileges will defeat claims for false light and disclosure.
