Invasion of Privacy
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What are the four categories of invasion of privacy?
- Commercial appropriation
- Public disclosure of private true facts
- False light invasion of privacy
What is intrusion?
- Arises where the defendant intentionally interferes with the plaintiff's sphere of privacy
- Does not require any publication of information.
For purposes of intrusion, what is the required manner of invasion?
Offensive to a reasonable person
What damages are available for intrusion?
Emotional distress, punitive damages
What is commercial appropriation?
The use of a person's identity without paying the public character
What is the required wrongful use for commercial appropriation?
Commercial purposes; not for newsworthy purposes
What elements must a plaintiff show for public disclosure of private true facts?
- Private facts
- Disclosure that is highly offensive to a reasonable person
- Matter is not newsworthy
What factors are looked at for purposes of public disclosure of private true facts?
- Look for the passage of time
- Need some sort of publication or dissemination of information
What are possible remedies for public disclosure of private true facts?
- Injunction might be possible since the information is truthful.
- Not granted to enjoin defamatory speech since it is false.
What is the most common constitutional issue with public disclosure of private true facts?
If defendant gets the information from public records, they cannot be liable for sharing that information
What is portrayal in a false light?
Overlaps with defamation; situations that look like defamation but there is an argument that the information is really not defamatory
What must a plaintiff show for a portrayal in a false light claim?
- False information
- Disclosure that would be highly offensive to a reasonable person
- Some level of fault
What is the threshold of evidence for portrayal in a false light claims?
Same as those for defamation
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