Tort Law Chapter 6: Privacy Torts (Part 1)

Law School

Privacy Torts

Privacy torts are civil wrongs that protect an individual's right to privacy. These torts can arise from a variety of actions, such as intrusion upon seclusion, appropriation of name or likeness, public disclosure of private facts, and false light.

Intrusion upon Seclusion

Intrusion upon seclusion occurs when someone intentionally intrudes upon another person's solitude or seclusion. This can include physically entering someone's home without permission, spying on someone, or eavesdropping on a private conversation.

Appropriation of Name or Likeness

Appropriation of name or likeness occurs when someone uses another person's name, likeness, or other identifying characteristics without their consent. This can include using someone's name or image in an advertisement, on a product, or in a work of art.

Public Disclosure of Private Facts

Public disclosure of private facts occurs when someone discloses private information about another person to the public. This can include disclosing someone's medical history, financial information, or sexual orientation.

False Light

False light occurs when someone portrays another person in a false or misleading light. This can include publishing a false or misleading story about someone, or creating a composite image of someone that is not accurate.

Privacy torts can have a significant impact on the victim, causing emotional distress, humiliation, and even financial harm. Victims of privacy torts may be able to recover damages for their injuries, including compensatory damages, punitive damages, and injunctive relief.

In addition to the four privacy torts discussed above, there are a number of other legal doctrines that can protect an individual's privacy. These include the Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures, and the Health Insurance Portability and Accountability Act (HIPAA), which protects the privacy of medical information.

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