Bar Review



Privacy is basically four small torts:

  1. Appropriation
    • The defendant uses the plaintiff's name or image for a commercial purpose.
    • There is a news exception.
    • Doesn't have to be a celebrity
  2. Intrusion
    • Invasion of the plaintiff's seclusion in a way that would be highly offensive to the ordinary person
      • E.g., wiretapping, eavesdropping, peeping, intercepting emails, planting cameras, etc.
    • You have to be in a place you have a reasonable expectation of privacy. I.e., your home
  3. False light
    • The widespread dissemination of a material falsehood about the plaintiff that would be highly offensive to the ordinary person
    • The same statement can be both defamation and false light. Defamation is to recover for the economic damages; false light is to recover for emotional damages.
    • Don't have to be intentional
  4. Disclosure
    • Widespread dissemination of confidential information about the plaintiff that would be offensive to the reasonable person
    • Sending a lot of people your medial records or tax information
    • Again there is a newsworthiness exception
    • Not confidential if you've shared them, even if you wanted to keep it secret from some group


  1. Consent is a defense to all four
  2. The defamation absolute and qualified privileges are defenses to false light and disclosure