Business law Ch 17
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reasonable expectation of privacy
Whether, und3er the circumstances, a reasonable person would expect to enjoy privacy. Unless this can be shown, a plaintiff will not prevail in either a constitutional or common law privacy tort claim
Common law claim for invasion of privacy
intrusion upon seclusion
A privacy tort claim in which a plaintiff must show that an intentional intrusion into her solitue or private affairs occurred and that the nature of the intrusion was such that it would be highly offensive to a rasonable person.
public disclosure of private facts
A privacy tort claim in which plaintiffs must shouw taht private facts their lives taht are of no legitimate concern to the public were broadly disclosed to others in manner that would be hghly offensive to a resonable person.
placement in a false light
A privacy tort claim in which the plaintiff must show that characteristics, conduct, or beliefs were falsely attributed to her; this false information was broadly publicized; the individual publicizing the false infromation knew or should have known that it was false; and being placed in this false light would be highly offensive to a reasonable person
appropriation of name or likeness
A privacy tort claim in which the symbolic value of one's name or likeness is used for another's commerical or other ends
intential infliction of emotional distress
A common law tort claim in which plaintiffs must show intent to harm (or the existence of a special relationship); behavior taht is so outrageous, shocking, or atrocious as to be beyond the bounds of what is tolerable in a civilized society; and severe emotional harm or distress.
A federal act that regulates the handling of personnel records by agencies of the federal government and allows federal employees to have access to their personnel records under reasonable prodedures established by federal agencies
Electronic Communications Privacy Act (ECPA)
An act that amended existing deferal wiretapping laws to prohibit both the intentional interception (through the use of electronic, mechanical, or other devices) and the disclosure of wire, oral, or electronic communications and taht also prhibits the unauthorized accessing of stored electronic communicaitons.
ordinary course of business
A term that refers to business activities that are routine, that are for legitimate business purposes, and about which employees are notified. Activities of this kind are exempt from Electronic Communications Privacy Act (ECPA) requirements.
the intentional restraint of the physical liberty of an individual. A type of tort claim
A claim against an emplyer that has wrongfully sought criminal prosecution of an employee
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