Chapter 7-8: Invasion of Privacy: Appropriation, Intrusion, Publication of Private Info, and false Light

privacy means private and personal decisions making by an autonomous individual, free from government interference and intrusion

Privacy of autonomy

the use of a person's name or likeness in an advertisement for a magazine or newspaper or a TV program is usually not regarded as an appropriation if the photograph or name has been or will be a part of the medium's news or information content

booth rule

an invasion of privacy committed when one individual intrudes upon or invades the solitude of another individual

intrusion

people possess a geographical or physical zone of privacy into which others may not intrude or trespass

privacy of space

recording audio without consent

wiretapping

Three basic conceptions of privacy

Privacy of: autonomy, space, information

four primary sources of privacy rights

constitutional law, statutory law, common law, administrative law

What is the right to privacy? How has it developed as a legal concept?

the right to privacy protected you against appropriation, disclosure, false light, and intrusion privacy rights are balanced against society's need for info in the 18th-19th century little attention was paid to it by the 1900s, it gained importance as media and tech changed and advances

when does consent not work?

1. consent given today may not be valid in the distant future, especially if it is gratuitous oral consent 2. some people cannot give consent 3. consent to use a particular photograph may be lost if the photograph is substantially altered

four areas of privacy law

1. appropriation of one's name or likeness for trade purposes 2. intrusion upon an individual's solitude or seclusion 3. public disclosure of private facts about individual 4. publishing material that puts an individual in a false light

in the law of privacy, use of a person's name or likeness without consent for advertising or trade purposes

appropriation

What are some important cases associated with each tort? What emerged from those decisions?

commercial appropriation: Nestle v Christoff; Christoff awarded from Nestle for using his photo without his consent public disclosure: Cox Broadcasting Corp v Cohn; TV reporter said rape victim name on TV, ruled in media's favor to protect FA rights, ethics in news intrusion upon seclusion: Dieteman v Time; hidden cameras brought inside home. hidden cameras can only be used in a public workplace

What are the major defenses to these torts?

commercial appropriation: newsworthiness and consent public disclosure: newsworthiness and public documents false light: newsworthiness, absence of fault, truth intrusion upon seclusion: no exceptions of privacy

What are four major areas of privacy law? Discuss each one.

commercial appropriation: using someone's name/likeness without permission and using it for commercial purposes public disclosure: communicating at large about private matters false light: public representation of someone is a false and highly offensive way intrusion upon seclusion: intentional invasion of space or private affairs that is offensive to a reasonable person

that portion of privacy law that prohibits all publications or broadcasts that falsely portray an individual in an offensive manner

false light

companies should disclose details about their collection and use of consumers' information, and provide consumers access to the data collected about them

greater transparency

Where does a reasonable expectation of privacy exist?

none in public space (capturing what anyone can see/hear) workplace (limited privacy; emails/phone is not private) private home is private

there are some facts and data about oneself that should not be revealed either to or by others

privacy of information

in privacy law, publicizing embarrassing private information about an individual that is not of legitimate public concern. more than one person must see or hear this information

publication of private information

an offshoot of privacy law that protects the right of persons to capitalize on their fame or notoriety for commercial or advertising purposes

right of publicity

companies should give consumers the option to decide what information is shared about them, and with whom

simplified choice for businesses and consumers

false light privacy 3 factors

- publication of material must put an individual in a false light - the false light would be highly offensive to a reasonable person - the publisher of the material was at fault

public disclosure of private facts 3 elements

- publicity is given about private facts of an individual -highly offensive to a reasonable person -not legitimate concern to the public

3 considerations on something newsworthy

- social value of the private facts that were published - how deeply the disclosed private facts cut into private affairs - the extent to which the plaintiff voluntarily rose to a position of public notoriety