Privacy Torts

Front 1

Invasion of Privacy

Back 1

4 different torts that comprise of the tort of invasion of privacy.
Intrusion Upon Seclusion or Private Affairs
Misappropriation
False Light
Publication

Front 2

Intrusion upon Seclusion or Private Affairs

Back 2

When defendant INTRUDES upon the SOLITUDE OR SECLUSION of another OR his PRIVATE AFFAIRS in a way that is OBJECTIONABLE TO A REASONABLE PERSON. Affairs and areas are private when a plaintiff has a REASONABLE EXPECTATION OF PRIVACY in them.

Front 3

Intrusion

Back 3

It can be an actual PHYSICAL INTRUSION into an area, use of senses to observe a secluded area or overhear a private conversation, OR some other form of prying or investigation.

Front 4

Misappropriate (Appropriation of Name or Likeness

Back 4

Unauthorized use of plaintiff's name or likeness for commercial benefit. Liability is limited to commercial advertisements or promotions.

Front 5

False Light

Back 5

Defendant GIVE PUBLICITY TO PLAINTIFF concerning VIEWS HE DOES NOT HOLD OR ACTIONS HE DID NOT TAKE.
The false light must be highly OFFENSIVE to a reasonable person and the information must be MADE PUBLIC.

Front 6

Publication of Private Facts

Back 6

Tort is committed when a defendant publicly discloses private information about plaintiff that is HIGHLY offensive to a reasonable person AND not of LEGITIMATE CONCERN to the public.

Front 7

Common Elements

Back 7

To claim any of these torts, plaintiff must also establish;
1. Causation (proximate)
2. Damages

Front 8

Defenses

Back 8

Consent

Absolute Privilege

Qualified Privilege

Front 9

Absolute Privilege

Back 9

Defendant may assert when:
1. During judicial proceedings;
2. By Legislators in debate;
3. By Federal executive officials;
4. In compelled broadcasts; and
5. In between spouses.

Front 10

Qualified Privilege

Back 10

Defendant may assert for:
1. Reports of official proceedings;
2. Statements in the interest of publisher;
3. Statements in the interest of the recipient; and
4. Statements in the common interest of the publisher and recipient.