Invasion of Privacy

Question 1

Who does NOT have a personal right to privacy? (2)

Answer 1

• Dead People
• Corporations

Question 2

What are the four wrongs related to invasion of privacy?

Answer 2

1. Appropriation of P’s Picture or Name
2. Intrusion Upon Seclusion
3. Publication of Facts in False Light
4. Public Disclosure of Private Facts

Question 3

Must special damages be shown for invasion of privacy?

Answer 3

No, emotional distress and mental anguish are sufficient

Question 4

What must be shown for appropriation of P’s picture or name?

Answer 4

1. Unauthorized use of P’s picture or name
2. For D’s commercial advantage

Question 5

What does intrusion upon seclusion forbid?

What must be shown?

Answer 5

Forbids eavesdropping, spying, interception of phone calls or electronic communications

1. The act of prying/intruding must be highly offensive to a reasonable person
2. The thing into which there is an intrusion must be private (e.g., not photos in public places)

Question 6

What is false light?

What must be shown?

Answer 6

False Light = one attributes to the P views they do not hold or actions they did not take

1. False light must be something highly offensive to a reasonable person
2. D must circulate the statement to the public at large.
3. If a matter of public interest, actual malice must be shown

Question 7

What is public disclosure of private facts? What must be shown?

Answer 7

Public disclosure of private information about P

1. Must be highly offensive to a reasonable person or ordinary sensibilities

Truth/falsity is irrelevant!

Question 8

What are defenses to invasion of privacy?

Answer 8

1. Consent
2. Defamation Privilege