19) Invasion of Privacy + Wrongful Institution of Legal Proceedings Flashcards
invasion of privacy: kinds (dif torts)
1) intrusion into seclusion
2) commercial appropriation of identity or likeness
3) public disclosure of private true facts
4) portrayal in a false light
intrusion of seclusion: elements
1) D unreasonably intrudes into P’s seclusion
2) in a way that is offensive to a RP
intrusion of seclusion: exs
eavesdropping, wiretapping, stalking
intrudes into P’s seclusion – doesn’t count
something visible in public
intrusion of seclusion: damages
compensatory for mental distress (dnn physical component)
punis if appropriate
commercial appropriation of id or likeness: elements
1) unauthorized use of P’s identity or likeness
2) for D’s commercial advantage
3) can’t be for a newsworthy purpose
likeness
face, voice, name, etc
public disclosure of private facts: elements
1) disclosure
2) private facts (med counts)
3) disclosure is highly offensive to an RP
4) not newsworthy purpose
public disclosure of private facts: passage of time
if person is rehabilitated, embarrasing info from a long time ago might be public disclosure of private facts
public disclosure of private facts: remedies
injunction might be possible
defamation: remedy: injunction?
no bc false
public disclosure of private facts: exception
bc constitutional issues, if D gets info from public records can’t be liable for sharing (even if sealed etc)
portrayal in a false light: general def
similar to defamation, but dnn cause reputational harm. publishes matter portraying P in false light
portrayal in a false light: elements
1) publication
2) of false info
3) the divulging of which is highly offensive to an RP, and
4) made w same level of fault as required for defamation (re public/private/etc)
portrayal in false light: publication: def
same as for defamation–intentional or negligent conveying of info to someone other than p
