Monitoring, Control, & Privacy

Question 1

Elements of Common Law Tort of Intrusion

Answer 1

1. P had reasonable expectation of privacy (nature and means of intrustion, extent of others’ access, identity of intruder)
2. Manner highly offensive to reasonable person (degree and setting of intrusion; intruder’s motives and objectives)

Question 2

Defense to Intrusion

Answer 2

D’s burden to show no less intrusive alternative or notice

Question 3

Exceptions to Wire Tap Act

Answer 3

1. Consent

2. made in ordinary course of employer’s business

Question 4

Elements of Publication of Private Facts

Answer 4

1. matter publicized would be highly offensive to reasonable person and
2. isn’t a legit public concern

Question 5

How is PPF different from defamation?

Answer 5

Must be made public, small group/1 person isn’t enough. Must be so widespread as to constitute “public knowledge,” at least amongst interested parties.