Clem on Torts: Chapter 12: Privacy Torts

Copyright 2014, Richard P. Clem
Richard P. Clem Continuing Legal Eduction

Clem on Torts is a comprehensive review of the material covered in a first-year torts class in an American law school. It is available free of charge on this website, and is also available for purchase as an Amazon Kindle book.

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In addition to the tort of false-light privacy discussed in the previous chapter, there are some other privacy torts.

The first of these is appropriation of the plaintiff’s identity for commercial purposes. There must be an appropriation; it must be of plaintiff’s identity, and it must be for a commercial purpose. It should be noted that the reporting of news is not a “commercial purpose” for purposes of this tort.

The next privacy tort is the intrusion into plaintiff’s solitude in an offensive manner. To establish this tort, the plaintiff must show that his or her solitude has been intentionally intruded upon, and that this intrusion would offend a reasonable person.

The final privacy tort is public disclosure of private facts. To establish this tort, the plaintiff must show that there has been a public disclosure, in other words, that the facts have been disclosed to a large group of people. The facts must be private, and the disclosure must be offensive to a reasonable person.

Clem on Torts is also available at Amazon as a Kindle book.

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