Invasion of Privacy

Invasion of Privacy

An umbrella term under torts which is intended to protect P’s dignity and mental well-being. It protects the right of a private person to be left alone and to be protected from unauthorized publicity in what are largely private affairs.

1. Appropriation of another’s name or likeness

2. Intrusion of seclusion or solitude

3. Public disclosure of private facts

4. False light

Appropriation of Another’s Name or Likeness

One who appropriates to his own use or benefits the name or likeness of another is subject to liability for IOP

1. D used P’s name or likeness

2. The use was for D’s own purpose or benefit

3. P suffered damages

4. D caused the damages suffered

Intrusion of Seclusion or Solitude

One who intrudes physically or otherwise, upon the seclusion or solitude of another’s private affairs or concerns, is subject to liability for IOP

1. Intentional intrusion (zone of physical or sensory privacy)

2. On the solitude or seclusion of another, or their affairs or concerns

3. Highly offensive to a reasonable person

   1. degree of the intrusion

   2. context

   3. conduct & circumstances

   4. motives

   5. setting

   6. expectations

Public Disclosure of Private Facts

Publicity of the private facts of another is subject to liability for IOP, even if true and non-defamatory

1. D must publicize or make widespread disclosure

   • exceptions:

     1. special relationship

     2. sexual assault

2. private information about P

3. highly offensive to a reasonable person

4. not a legitimate matter of public concern

Exceptions:

• some people have such a bad reputation that they are “defamation proof”

  • does not apply to rehabilitation of the fallen

  • those who seek publicity give up the right to self-regulated reputation

False Light

One who gives publicity to a matter concerning P which places P before the public in a false light is subject to liability for IOP

1. D publicized information concerning P

2. portrayed P in a way false or misleading

3. highly offensive to a reasonable person

4. D acted with knowledge of falsity or reckless disregard

5. P sufferd emotional distress

IOP Defenses

1. newsworthiness

2. public concern

3. consent

4. absolute privileges

   1. judicial/legislative proceedings

   2. public officials acting within their duties

5. conditional privileges

   • disclosure made in good faith and publisher has special interest with third party

IOP Damages

1. Compensatory

2. Punitive

3. Nominal