Torts-Privacy

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Author:
brozovic
ID:
89007
Filename:
Torts-Privacy
Updated:
2011-06-03 22:30:54
Tags:
torts privacy
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Description:
Torts-Privacy Torts
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  1. Appropriation
    D uses P’s name or image for a commercial purpose.

    Newsworthiness exception (athlete’s picture on cereal box vs. on sports magazine cover or book about sports).

    P need not be a celebrity for the Appropriation tort to apply.

    • Additional exceptions:
    • (1) prior written consent;
    • (2) photographer exhibiting work with no written notice of objection; and
    • (3) Goods or works sold by P containing his name picture, or portrait used in connection thereof.
  2. Intrusion
    Not recognized in NY.

    • 1. The invasion of the P’s seclusion in a way objectionable to an average person.
    • (electronic surveillance, peeping toms)

    • 2. P is in location where there is reasonable expectation of privacy.
    • Does not require a trespass.
  3. False Light
    Not recognized in NY.

    • Widespread dissemination of a major falsehood about P that would be objectionable to an average person.
    • “Widespread dissemination” distinguishes this tort from defamation.

    Significant overlap with defamation.

    Compare D tells everyone P is embezzling from company. This is false light invasion of privacy and defamation. (Economic damages under defamation and emotional damages under false light).

    with D significantly misrepresents political/religious beliefs to everyone. This is not defamatory (does not adversely affect reputation), but it is false light.
  4. Disclosure
    Not recognized in NY.

    Widespread dissemination of confidential information about P that would be objectionable to the average person.

    No intent requirement. Even good faith errors lead to liability; nearly SL.

    Underlying disclosure must be confidential (coming out at public rally; not private at work).
  5. Affirmative Defenses to Privacy Torts
    • Consent
    • Absolute and Qualified Privileges
  6. Affirmative Defenses to Privacy Torts
    Consent
    See Consent under affirmative defenses to intentional torts.

    Defense to all four privacy torts.
  7. Affirmative Defenses to Privacy Torts
    Absolute and Qualified Privileges
    See Privilege under affirmative defenses to defamation.

    Defense to false light and disclosure.

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