Privacy Torts Flashcards
What are the 4 privacy torts?
Appropriation
Disclosure
Intrusion
False Light
Define Appropriation.
D uses Plaintiff’s Picture or Name for a commercial purpose.
There is a _________ exception to appropriation.
Newsworthy
Disclosure is defined as . . .
The widespread dissemination of confidential info about the plaintiff that would be highly offensive to an ordinary person.
Receptionist at doctor’s office mails your med records to all of your colleagues. Which privacy tort? Explain
Disclosure
Disclosure is the widespread dissemination of confidential info about the plaintiff that would be highly offensive to an ordinary person.
Disclosure has a ______ exception.
Newsworthy
For Disclosure to apply, what must be true of the information?
Must be truly private.
Intrusion is defined as . . .
An invasion of the plaintiff’s seclusion in a way that would be highly offensive to the average person (e.g., using binoculars to look into someone’s home)
For intrusion to be actionable, they must be somewhere . . .
Where privacy is expected.
False Light COA is defined as . . .
Widespread dissemination of a material falsehood that would be highly offensive to an average person.
How does False Light differ from Defamation?
The falsehood in False Light need NOT be defamatory (e.g., mischaracterizing someone’s religious beliefs).
Defenses to Privacy Torts?
Consent
Defamation Privileges
Defamation privileges ONLY apply to which two Privacy Torts?
Disclosure and False Light
