Right of Privacy

Question 1

Intrusion upon private affairs or seclusion
Public Disclosure of Private Facts
False Light
Appropriation of name, likeness, persona to defendant’s advantage

Answer 1

Causes of Action

Right of Privacy

Question 2

Generally protects against unreasonable interferences with an individual’s right to be left alone

Answer 2

Right of Privacy

Question 3

Public disclosure of private facts not of legitimate interest to public. Question of fact.
Disclosure would be highly offensive to a reasonable person of ordinary sensibilities
Disclosure causes serious emotional harm

Answer 3

Public Disclosure of Private Facts

Prima Facie Case

Question 4

Communication must be to public at large or to enough people that it is substantially certain that matter will become one of public knowledge

Answer 4

Public Disclosure

Question 5

Does not include facts that are
Matters of public record
Mere usual coming and goings
Of legitimate concern to public

Answer 5

Private Matter

Question 6

An intentional intrusion, physical or otherwise
That is highly offensive to a reasonable person of ordinary sensibilities
Upon P’s solitude, seclusion, or private affairs

Answer 6

Intrusion

Prima Facie Case

Question 7

Matter publicized must cast plaintiff in false light under totality of circumstances
Must be highly sensitive to a reasonable person of ordinary sensibilities
Must involve widespread publicity

Answer 7

False Light Invasion of Privacy

Prima Facie Case

Question 8

Injury is to emotions; not reputation
More than publication to a third person
Need not be defamatory, just offensive

Answer 8

False Light Invasion of Privacy

Question 9

P’s name, likeness (in many jurisdictions extended to voice, identity, persona) used by D
Without consent (in some jurisdictions must be written)
To D’s benefit or advantage (need not be commercial)
Causing P emotional harm (or where no separate right of publicity, commercial harm)

Answer 9

Misappropriation of Identity

Prima Facie Case