BLAW 280 INVASION OF PRIVACY

BLAW 280 INVASION OF PRIVACY - INVASION OF PRIVACY Invasion...

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INVASION OF PRIVACY Invasion of privacy is a name given to a group of 4 different torts. These torts developed relatively recently. The impetus to the development of these torts was provided by an article in a legal magazine in 1890 – one of the authors was future Supreme Court justice Louis Brandeis. Invasion of Privacy Type #1 -- Intrusion into another person’s Solitude or Seclusion: The elements of the prima facie case for this tort are: Act by Defendant Intent Causation Intrusion into another person’s Solitude or Seclusion The first three elements of this case are identical to those of the torts of assault and battery. Intrusion into another person’s solitude or seclusion occurs when a person in some way enters into an area in which another person has a reasonable expectation of privacy in a way that would be highly offensive to a reasonable person . EXAMPLE: John placed a tap on Jolene’s telephone and recorded all of the conversations conducted on that phone line. This was an invasion of privacy since John intruded into an area – Jolene’s telephone – in which she had a reasonable expectation of privacy. EXAMPLE: Ed installed listening devices in Larry’s house. This is clearly invasion of privacy. EXAMPLE: One of the papparazi followed Jackie O everywhere she went to take pictures of her. He bribed doormen to let him into
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building lobbies and restaurants so he could get better pictures. A court found him liable for invasion of privacy. EXAMPLE: Leo opened mail addressed to Lucy. This would be invasion of privacy. EXAMPLE: Frank made harassing and obscene phone calls to Lucretia. This would be invasion of privacy. EXAMPLE: Katherine looked at public records at the courthouse concerning a lawsuit brought against Norman by his ex-wife Norma. This is not invasion of privacy since Norman has no expectation of privacy here – these records are public. Invasion of Privacy Type #2 -- Public Disclosure of Private Facts: The elements of the prima facie case for this tort are: Act by Defendant Intent Causation Giving publicity to private facts The first three elements of this case are identical to those of the torts of assault and battery. The last element requires that the defendant have given publicity to facts about the plaintiff if a reasonable person would consider such publicity to be highly offensive . This tort can only be committed by disclosing these facts to many people – disclosure to a single person would not be sufficient. EXAMPLE:
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This note was uploaded on 06/09/2008 for the course BUS LAW 280 taught by Professor Kimgreenhalgh during the Summer '08 term at CSU Northridge.

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BLAW 280 INVASION OF PRIVACY - INVASION OF PRIVACY Invasion...

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