Privacy Flashcards
What are the four invasion of privacy torts?
- Appropriation
- Intrusion on seclusion
- False light
- Disclosure
What are the three elements of Appropriation in the context of invasion of privacy?
- Use of one’s name or likeness
- For a commercial purpose
- Without permission
What is intrusion on seclusion?
(1) An invasion of P’s reasonable expectation of privacy, that would be (2) highly offensive to an average person
When is there an exception for appropriation as an invasion of privacy?
Newsworthiness
What is false light?
(1) Widespread dissemination of a major falsehood (2) about the plaintiff, that would be (3) highly offensive to an average person
(N.B. Overlaps but is not coextensive with defamation)
What is the remedy for appropriation as an invasion of privacy?
Damages and Injunction
When is there an exception for disclosure as an invasion of privacy?
Newsworthiness
What is the remedy for False light?
May recover for emotional and psychological harm
(contrast with defamation, which recovers for economic damages)
What affirmative defense applies to all invasion of privacy torts?
Consent
What are the elements of disclosure?
(1) Widespread dissemination of (2) confidential information about P, that would be (3) highly offensive to the average person.
(Must be truly confidential, e.g., medical; financial, or intimate records, etc.)
Which invasion of privacy torts do the defamation privileges apply to?
False light and disclosure
What privileges apply to false light and disclosure?
- Absolute privilege
- Conditional/Qualified privilege
What is the difference between False Light and Disclosure?
Whether the statements are true
What is NY RULE for invasion of privacy torts?
Only appropriation (by statute)
