Invasion of Right to Privacy

Question 1

Invasion of Privacy

Answer 1

Offers protection against unreasonable interference with an individual’s solitude and personalty.

Question 2

Four kinds of invasion

Answer 2

(1) Appropriation by D of P’s picture or name for D’s commercial advantage,
(2) Intrusion by the D upon P’s affairs or seclusion,
(3) Publication by the defendant of facts placing the P in a false light, and
(4) Public disclosure about private facts about the P by the D

Question 3

Appropriation of P’s picture or name

Answer 3

Only one element - unauthorized use by defendant of plaintiff’s picture or name for defendant’s commercial advantage. (NOTE - limited to advertisement or promotion of product or services)

Question 4

Intrusion on P’s affairs or seclusion - Rule Stmt

Answer 4

Under tort law, an intrusion on P’s affairs or seclusion is committed when D commits the act of prying or intruding on a private matter of the P which would be highly offensive to a reasonable person.

Question 5

Intrusion on P’s affairs or seclusion - elements and considerations

Answer 5

(1) Act of prying or intruding
(2) Highly offensive to reasonable person
(3) Intrusion must be into something private

Question 6

Publication of facts placing P in false light - rule stmt

Answer 6

Under tort law, publication by D of facts that place P in a false light and would be highly offensive to a reasonable person and is malicious in the case of a public interest is an invasion of privacy.

Question 7

Publication of facts placing P in false light elements and considerations

Answer 7

(1) Publication of facts that put P in false light (must be publicity, not just publication)
(2) Highly offensive to reasonable person - false light must be highly offensive
(3) IF public interest, must prove malice on part of D

Question 8

Public Disclosure of Private Facts about P

Answer 8

(1) Publication or public disclosure by D of private information about P
(2) Highly offensive to a reasonable person

Question 9

Considerations of public dislosure

Answer 9

• Disclosure must be public (not private) and there must be publicity.
• If legitimate public interest, the publication is privileged if made w/o malice

Question 10

Defenses to invasions of privacy

Answer 10

• Consent (if w/in scope)

* Defamation defenses of absolute and qualified privilege.

Question 11

What is NOT a defense

Answer 11

• truth
• inadvertance
• good faith
• lack of malice

Question 12

Who has a COA?

Answer 12

1) Individuals themselves - does not extend to family, does not survive death, not assignable
2) DOES not include corporations or entities