Privacy

Question 1

Privacy Issue Checklist-APIF

Answer 1

Appropriation
Public Disclosure of Private Facts
Intrusion Upon Seclusion
False Light

Question 2

Appropriation (of Name or Image)

Answer 2

Where D uses P’s name or image for a commercial advantage.

Liability is limited to advertisements or promotions. The goal is to protect the pecuniary interest in privacy, P need not be a celebrity. Not a tort to run a picture on a magazine or newspaper (newsworthiness exception).

Question 3

Intrusion Upon Seclusion

Answer 3

The invasion of P’s physical seclusion or privacy in a way that would be highly offensive to a reasonable person. The intrusion must be in a place where the P has a reasonable expectation of privacy; photos in public aren’t private.

Question 4

False Light

Answer 4

Widespread dissemination of a material falsehood about the P that would be highly offensive to a reasonable person.

Occurs when:

1. One attributes to P views he doesn’t hold or actions he doesn’t take.
2. The false light is objectionable to a reasonable person under the circumstances; and
3. The publication is public

If public interest must prove malice. If public figure must prove actual malice.

Question 5

Public Disclosure of Private Facts

Answer 5

Widespread dissemination of confidential information about the P that would be highly offensive to a reasonable person.

Must be truly intimate or private, but newsworthiness exception applies. If a matter of public interest then P must prove malice.