Privacy

Question 1

Definition

Answer 1

Interference with the right to be left alone

Question 2

Four types

Answer 2

1. Appropriation of Plaintiff’s Likeness for Defendant’s Commercial Benefit or Advantage. 2. Unreasonable Intrusion 3. Public Disclosure of Private Facts

Question 3

Appropriation of Plaintiff’s Likeness for Defendant’s Commercial Benefit or Advantage Elements

Answer 3

a. Defendant’s unauthorized use of plaintiff’s name or likeness for a commercial purpose/advantage. Is the name or likeness that of plaintiff. If plaintiff is a public figure or is currently a newsworthy figure publication of plaintiff’s name or likeness is not actionable as long as the use of the name or likeness is not for the purpose of trade or advertising.
b. Causation.
c. Fault:
(1) Negligence
(2) Intent
d. Damages:
(1) Celebrity – reasonable value of defendants name or likeness.
(2) Private individual – emotional distress damages are likely the only recovery.
e. Defense – consent.

Question 4

Unreasonable Intrusion - Definition

Answer 4

Unreasonable and Highly Offensive Intrusion Upon the Peace of Mind Which You Have Gained Through Your Seclusion. May be a physical intrusion (ladder, wiretap); may be non-physical (binoculars, camera). 4.False Light In the Public Eye

Question 5

Unreasonable Intrusion - Elements

Answer 5

a. Highly offensive intrusion into the seclusion of another. The standard is whether the intrusion is objectionable to an average person. If the plaintiff’s conduct is in public, it is generally not actionable but see.
b. Causation.
c. Fault:
(1) Intentional intrusion into plaintiff’s affairs;
(2) Negligence – breach of some duty to not intrude (rare).
d. Damages – general damages are recoverable without proof of special damages.
e. Defense – consent.

Question 6

Public Disclosure of Private Facts - Definition

Answer 6

Unwarranted Publication of the Intimate Details of One’s Private Life That Are Outside the Realm of Legitimate Public Interest. Publication of true but private facts

Question 7

Public Disclosure of Private Facts - Elements

Answer 7

a. Public disclosure – either written or verbal. Publication for this type of invasion of privacy requires more than defamation. The disclosure must be to the public at large or to a sufficient number of individuals that it could reach the public.
b. Disclosure must be of a private fact – aspects of plaintiff’s life that have not already been publicized. The passage of time does not make private a once public fact. Disclosure of matters of public record are not actionable.
c. Publication must be highly offensive to a reasonable person.
d. There must be no newsworthy or legitimate public interest in having the information made public. Here the courts are balancing privacy rights against the constitutional privilege of newsworthiness.
e. Actual and proximate cause.
f. Damages – general damages are recoverable without proof of special damages.
g. Defense – consent, newsworthiness.

Question 8

False Light In the Public Eye - Definition

Answer 8

Invasion of Privacy by Casting Plaintiff In A False Light In the Public Eye. Possible fallback position if plaintiff cannot prove defamation because the communication is not damaging to one’s reputation

Question 9

False Light In the Public Eye - Elements

Answer 9

1. Elements:
   a. Public disclosure.
   b. Publication is offensive to a reasonable person.
   c. Falsity.
   d. Fault.
   (1) Public official/figure – plaintiff must prove malice.
   (2) Private figure – depends on the jurisdiction with the majority requiring negligence.
   e. Causation.
   f. Damages.
   g. Defenses – truth, consent.