Torts - Invasion Of Right To Privacy

Front 1

Invasion of right to privacy
(4 types)

Back 1

1. intrusion upon seclusion
2. Appropriation of identity of likeness
3. False light
4. Public disclosure of private true facts

Front 2

Appropriation of identity or likeness

Back 2

Use of someone's identity or likeness for your own commercial use or benefit.

Person says this is ok but have to pay me

a. Don’t have to be famous
b. Use must be commercial
c. The wrongful use of plaintiff’s identity or likeness must be used:
1) For profit (Not for a newsworthy purpose)

Front 3

False Light

Back 3

Looks like defamation but the communication really isn’t or shouldn’t be defamatory

Plaintiff has to show (elements):
a. Publication
b. False information
c. Highly offensive to a reasonable person
d. Some level of fault (Parallel to defamation rules)

Front 4

Intrusion upon seclusion

Back 4

Getting private information in unauthorized ways.

Defendant intentionally interferes with the plaintiff’s reasonable zone of privacy

a. Does not require any publication of information.
b. Invasion must be done in a way that is offensive to a reasonable person
2. Damages recoverable for invasion of seclusion include: Emotional distress, punitive damages

Front 5

Public disclosure of private true facts

Back 5

Plaintiff must prove four elements:
a. Disclosure
b. Private facts
c. Highly offensive to a reasonable person
d. Not newsworthy

-Look for passage of time.
-Need some sort of publication or dissemination of information.
-Injunction might be possible since the information is truthful.
(Not granted to enjoin defamatory speech since it is false)

Constitutional issues:
a. If defendant gets the information from public records, they cannot be liable for sharing that information.