Invasion of Right to Privacy

Question 1

Appropriation

Answer 1

Use of P’s name, picture, or likeness for commercial advantage without permission.

• must be used for advertising, promotional or labeling. not a news story or biography.

Question 2

Intrusion

Answer 2

Interference with P’s seclusion in a way that is highly offensive to a reasonable person.
i.e plant eavesdropping device in house, or telescope aimed at bedroom.

P must be in a place where she would expect privacy. ie. celebrity outside on public street, no intrusion.

remember fallback, IIED

Question 3

False Light

Answer 3

(almost defamation)

Widespread dissemination of info that is inaccurate, and would be highly offensive to a reasonable person.

Question 4

Public Disclosure of Private Facts

Answer 4

Widespread dissemination of factually accurate information that would normally be confidential, and the disclosure would be highly offensive to a reasonable person.

NOTE: newsworthy disclosures not actionable. i.e tabloids, facts about celebrities, etc.

Question 5

Invasion of Privacy Defenses

Answer 5

Consent

absolute and qualified privileges, same as defamation (only apply to false light and public disclosure)