Invasion Of Privacy

Front 1

Appropriation

Back 1

D uses P's name or image for commercial advantage

Newsworthiness exception

YES recognized in NY

Front 2

Intrusion on seclusion

Back 2

Invasion of P's seclusion in a way that is highly offensive to an average person

P must have a reasonable expectation of privacy

NOT recognized in NY

Front 3

False light

Back 3

Widespread dissemination of a major falsehood about P that would be highly offensive to the average person

If published matter is in the public interest, D must have acted with malice

Can be a nondefamatory falsehood
Damages: dignitary damages (vs. defamation: just economic damages)

Front 4

Disclosure

Back 4

Widespread dissemination of confidential information about P that would be highly offensive to an average person

Newsworthiness exception
Dual spheres of life

NY: if there's a fiduciary relationship, can bring claim for breach of fiduciary duty

Front 5

Privacy torts

Back 5

(1) Appropriation (only tort available in NY)
(2) Intrusion on seclusion
(3) False light
(4) Disclosure (NY: if there's a fiduciary relationship)

Front 6

Damages for invasion of privacy

Back 6

P need not prove economic harm
P can recover by proving only emotional distress and mental anguish
Claim is personal; does not survive death (in most jurisdictions)

Front 7

Affirmative defenses to privacy claims

Back 7

(1) Consent
(2) Privileges (for false light and disclosure)
(3) Truth (only in false light actions)