Invasion of Privacy Torts

Overview

• The concept of invasion of privacy is a subcategory of intentional torts.
• It acts as a catch-all term for four distinct torts:
  • Disclosure
  • Intrusion
  • Appropriation
  • False Light
• Each tort involves an intentional intrusion into someone's private life that is embarrassing, humiliating, or outrageous to a reasonable person.

Types of Invasion of Privacy Torts

1. Disclosure

• Definition: Intentional publication of a person's private affairs.
• Criteria:
  • Publicizing facts must be highly offensive to a reasonable person.
  • Facts should not be of legitimate public concern.
  • Facts should not be part of the public record.
• Note: Truth is not a defense to disclosure if other criteria are met.
• Example: Publicizing someone's private medical history.

2. Intrusion

• Definition: Unauthorized intrusion into someone's private activities.
• Criteria:
  • Intrusion must be highly offensive to a reasonable person.
• Examples:
  • Eavesdropping
  • Reading private emails
  • Wiretapping
  • Searching through private possessions

3. Appropriation

• Definition: Unauthorized use of someone's name, personality, or photograph for personal benefit.
• Criteria: Using someone’s identity for commercial purposes without permission.
• Example: Using a celebrity's image for advertisement without consent.

4. False Light

• Definition: Publicizing false information about someone that is objectionable.
• Criteria:
  • Information must be false.
  • Similar to defamation as it exposes someone to ridicule or contempt.
• Example: Attributing false beliefs or characteristics to an individual.
• Note: Not all jurisdictions recognize false light due to its similarity to defamation.

Jurisdictional Variance

• Not all jurisdictions recognize all types of invasion of privacy torts.
• Legal practitioners should be aware of which torts are recognized in their state.
• False light is increasingly being rejected in some states for being similar to defamation.

Additional Resources

• Paralegals working in personal injury law should ensure they know the relevant torts in their jurisdiction.
• For those interested in law careers, visit the American Institute for Paralegal Studies (AIP) website.