Mbe Florida -- Torts -- Privacy Invasion

Front 1

What is Invasion of Privacy?

What is the MBE testing strategy with respect to Invasion of Privacy?

Back 1

-- an umbrella term that comprises four COAs
-- each COA is simple, but MBE will frequently list all four t/f goal is
learn distinguishing factors

Front 2

What are the four separate torts that come under "Invasion of Privacy"

Back 2

-- Appropriation
-- Intrusion
-- False Light
-- Disclosure

Front 3

What is Appropriation?

Back 3

-- use of PF's picture or name
-- without permission (ie, consent)
-- for commercial purposes
e.g., Wheaties uses Tiger Woods without his consent

Front 4

What is the exception to Appropriation?

Give two examples.

Back 4

-- newsworthiness
-- meaning, use designed to circulate information or news
-- e.g., picture of Tiger on front page when wins Masters
-- e.g., unauthorized book "Tiger"

Front 5

What is intrusion?

Back 5

-- invasion by DF of PF's seclusion
-- in a way objectionable to an average person

Front 6

Give examples of intrusion

Back 6

-- eavesdropping
-- peeping tomism
-- secret cameras
-- neighbor (or other 3p) with binoculars peering into home

Front 7

What is required to establish "PF's seclusion"

Back 7

-- In intrusion claim, PF must have an expectation of privacy
-- must be in a secluded place

Front 8

Examples of NOT intrusion

Back 8

-- whisper secret at a cocktail party, while X eavesdrops
NOT a secluded place (no expectation of privacy) t/f NO intrusion
-- celebrity exits resto & is accosted by papparazzi
NO expectation of privacy as you exit resto to public street; t/f no intrusion claim

Front 9

What is NOT required for intrusion?

Back 9

-- no requirement that DF commit trespass
-- e.g., if staring into home with binoculars in a way that would be objectionable to average person
-- e.g., if climb phone pole outside property to intercept calls

Front 10

What is False Light

Back 10

-- a widespread dissemination
-- of a major misrepresentation
-- concerning PF's character, history, or beliefs
-- that would be objectionable to an average person

Front 11

Example of False Light

Back 11

-- You are devout Catholic; X says you are an orthodox, very observant Jew
-- You live comfy life; X says you work very hard to scrape by
-- NOT defamatory, but YES as to false light

Front 12

Distinguish False Light and Defamation (3)

Back 12

(1) defamation: need only "publish" to one person; False Light: "widespread" dissemination
(2) non-defamatory falsehoods can be false light (called a Jew, when really you're Greek Orthodox)
(3) where both apply, the difference is the interest compensated
-- defamation compensates ECONOMIC harm loss because my reputation has been injured
-- false light compensates EMOTIONAL harm because I feel debased, degraded, embarrassed

Front 13

What is a common MBE trick regarding False Light?

Back 13

-- not an intentional tort
-- can commit False Light by negligence or carelessness
-- e.g., paper runs paper with incorrect caption: can be False Light
-- e.g., Pix of group of rabbis; caption "group of RC priests": False Light

Front 14

What is Disclosure ?

Back 14

-- a widespread dissemination
-- of confidential information about the PF
-- that would be objectionable to an average person

Front 15

Examples of Disclosure

Back 15

-- fellow student publishes your transcript in your local paper
-- your CPA mails copies of your tax return to your neighbors
-- Classic: medical records (HMO calendar of each patient & how treating)

Front 16

Name the exception to the tort of Disclosure

Back 16

Newsworthiness exception
-- e.g., tort to publish your medical records; but not a tort to publish Dick Cheney's

Front 17

Describe a common fact pattern in Disclosure questions

Back 17

Dual-life fact pattern
-- if a PF operates in two separate spheres of activity & would prefer to keep them separate
-- when a person carries info from one sphere to another: Not Disclosure
-- e.g., student by day; stripper by night
-- e.g., gay man not out at work; seen at gay pride event
-- e.g., married man with mistress; seen kissing mistress in opera box
-- NOT disclosure of private PF fact because PF out in public

Front 18

Among the four Privacy Torts, which have a Newsworthiness exception?

Back 18

-- Appropriation
-- Disclosure

Front 19

In recc letter example:
-- describe example
-- distinguish between Disclosure and Defamation

Back 19

-- PF asks Prof X for recommendation
-- X writes letter & includes school transcript without PF permission
-- Defamation: X has a qualified privilege for defamation (relevant info; within scope of privilege)
-- Disclosure: dissemination of conf. info without consent (issue: is it widespread?)

Front 20

Defenses to Invasion of Privacy Torts

Back 20

-- consent is a defense to all four privacy torts
-- defamation privileges (qualified & absolute) are defense to false light and disclosure
-- truth is a defense to false light (same as defamation)

Front 21

What is NOT a defense to Invasion of Privacy Torts

Back 21

-- Honest mistake
-- Reasonable belief as to truth