Part Three: Privacy Torts Flashcards Preview

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Flashcards in Part Three: Privacy Torts Deck (12)
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1

What are the four privacy torts?

1. Appropriation of P's picture or name;
2. Intrusion into P's affairs or seclusion;
3. Publication of facts placing P in false light;
4. Public disclosure of private facts about P

2

What is "Appropriation of P's Picture or Name"?

P must show:

1. UNAUTHORIZED use;
2. of P's NAME or PICTURE;
3. for D's COMMERCIAL ADVANTAGE

-liability is generally limited to advertisements or promotions of products/services

- mere economic benefit to D (not in connection w/ advertising or promotion) is NOT enough

3

What is "Intrusion on P's Affairs or Seclusion" ?

- Act of INTRUSION must be HIGHLY OFFENSIVE TO A REASONABLE PERSON

- The thing into which there is an intrusion must be "private"

-Photos taken in public places are NOT actionable.

4

What is "publication of Facts Placing P in False Light"? (FALSE LIGHT)

- one attributes to P views he DOES NOT HOLD OR actions he DID NOT TAKE

- false light must be "highly offensive to a reasonable person" under the circumstances

- for liability to attach, there must be publicity

SEE ALSO: 1st Amendment limitation

5

What is the constitutional limitation on "False Light"?

- If it relates to a "matter of public concern" then "actual malice" must be shown

6

What is "Public Disclosure of Private Facts about Plaintiff" ?

- Public disclosure must be of "private information". Matters in the public record are not sufficient.

- Public disclosure must be "highly offensive to a reasonable person"

- Liability may attach EVEN if statement is TRUE.

-1st amendment limitations MAY apply if it the matter is of legitimate public interest

7

With regards to the privacy torts, what is the rule regarding "causation"?

The invasion MUST have been PROXIMATELY CAUSED by D's conduct

8

With regards to the privacy torts, what is the rule regarding Damages?

Plaintiff need not plead/prove special damages. Emotional distress and mental anguish are sufficient damages.

9

With regards to the privacy torts, what is the rule regarding DEFENSES?

Good defenses:
- Consent;
- Defamation Privilege Defenses

Bad defenses:
- Truth
- Inadvertence
- Good faith/lack of malice

10

Do privacy rights extend to members of family?

No. The right to privacy is a personal right, and does not extend to members of family, is not assignable

11

Do privacy rights survive death of plaintiff?

No

12

Do corporations have a right to privacy?

No