Privacy Torts

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

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.

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.

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

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.

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.

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

Consent

Absolute Privilege

Qualified Privilege

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.

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.