Invasion of Right to Privacy

Question 1

Invasion of right to privacy torts

Answer 1

1. Appropriation
2. Intrusion upon seclusion
3. False light
4. Public disclosure of private facts

*Personal cause of actions
*Emotional distress are sufficient damages

Question 2

Appropriation

Answer 2

Unauthorized use of P’s picture or name for commercial purposes
-Limited to advertisements or promotions of products or services
-Newsworthiness exception
-Not limited to celebrities

Question 3

Intrusion upon seclusion

Answer 3

Eavesdropping, spying, intercepting phone or electronic communications, or other conduct that is highly offensive to a reasonable person
-Intrusion must be into privacy, so photographs in public places are not sufficient

Question 4

False light

Answer 4

When the defendant wide spreads false information about plaintiff’s views about something that would be highly offensive to a reasonable person
-Must circulate to the public at large
-Same behavior can be both false light and defamation
-If public concern, defendant must have actual malice

Question 5

Public disclosure of private facts

Answer 5

The wrongful public disclosure of confidential information that is not of public concern and is highly offensive to a reasonable person

Question 6

Defenses to privacy torts

Answer 6

1. Consent
2. Defamation privileges
   -Spousal privilege
   -Government proceeding privilege
   -Common interest privilege (case-by-case basis)