Privacy Torts

Question 1

PRIVACY TORTS

Unlike Defamation (where the information spread is false), usually these four torts usually have to do with truth, not falsity

Answer 1

1. Intrusion
2. Appropriation
3. False Light
4. Disclosure

Question 2

PRIVACY TORTS

1. Intrusion

Answer 2

Intrusion (PPO!)

1. Defendant intentionally pries or intrudes
2. into a private place
3. In a way that would be offensive to the reasonable person

examples - peering through the windows, stalking, tapping pltf’s phone lines.

Question 3

PRIVACY TORTS

2. Appropriation

Question 4

PRIVACY TORTS

3. False Light

Answer 4

1. Def Widely spreads facts about pltf (telling a lot of people, unlike defamation)
2. Which places plaintiff in a false light that would be
3. Offensive to a reasonable person - it has to be just objectionable, not necessarily defamatory. Fault is not required. Def can be reasonable in his belief and it can still putting pltf in a false light.

NEWSWORTHY Exception - 1st amendment prohibits recovery when the published matter is in the public interest unless the plaintiff acted with malice.

Question 5

PRIVACY TORTS

4. Disclosure

Answer 5

1. Def widely disseminates - needs to be some publication or dissemination of info.
2. Private information about plaintiff - unlike defamation and false light, the information is accurate.
3. That would be highly offensive to a reasonable person

Question 6

PRIVACY TORTS

Affirmative Defenses

Answer 6

1. Consent is a defense to all 4 privacy torts (no mistake)
2. Defamation privileges apply to false light and disclosure