Privacy

Question 1

Broadly, what are the 4 privacy torts?

Answer 1

1. Appropriation (of someone’s name/picture for commercial purposes)
2. Intrusion
3. False light
4. Disclosure of confidential information

Question 2

What is the test for appropriation?

Answer 2

Using any person’s name or picture for commercial purposes (without their consent)

Question 3

What is the test for intrusion/spying?

Answer 3

The invasion of the P’s seclusion in a way that would be offensive to the average person

Question 4

What is the test for false light?

Answer 4

The wide spread dissemination of a material falsehood about the plaintiff that would be offensive to the average person

Question 5

What are the differences between defamation and false light?

Answer 5

Two things:

1. For false light, you can recover emotional damages, which you cannot in defamation suits
2. False light includes the mischaracterisation of someone’s beliefs

Question 6

What is the test for disclosure?

Answer 6

The wide spread dissemination of confidential information about the P that would be objectionable to the average person

Question 7

What defences are available in privacy cases?

Answer 7

1. Consent (all claims)

2. Protected privileges (only for false light and disclosure cases)