Privacy Concepts

Question 1

Prosser’s four privacy torts

Answer 1

1. Intrusion upon seclusion
2. Public disclosure of private facts
3. False light
4. Appropriation

Question 2

False Light elements

Answer 2

Where a defendant makes:
1. A public statement
2. with actual malice
3. placing the plaintiff in a
4. false light
5. that is highly offensive to the reasonable person.

Question 3

Public disclosure of facts elements

Answer 3

Where the defendant effects:
1. a public disclosure
2. of private facts, which is
3. highly offensive to the reasonable person.

Question 4

Intrusion upon seclusion elements

Answer 4

One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.

Question 5

Reasonable expectation of Privacy Test

Answer 5

1. A person must exhibit an actual (subjective) expectation of privacy
2. The expectation must be one that society is prepared to recognize as reasonable.