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David A. Elder

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Brand: Clark Boardman Callaghan

Service #: 13974316

Sub #: 13974315

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Privacy Torts

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This text analyzes these privacy torts, including intrusion upon seclusion, public disclosure of private facts, false light in the public eye, breaches of fiduciary duties, duties to confidentiality, and misappropriation. You will find comprehensive, practice-oriented material throughout the treatise. Includes research references, a table of cases, an index and a statutory appendix.

Replaces The Law of Privacy (1991).

Features

Research references help you locate authority quickly
Research references help you locate authority quickly

Summary of contents
Replacement pages

Chapter

Introduction

Brief overview
The oral publication limitation
The personal nature of the privacy action
Privacy rights of business and associational entities

Intrusion Upon Seclusion

Intrusion upon seclusion-General introduction Intent and malice
Intrusion upon seclusion v. intentional infliction of emotional distress-A comparison
Publication
Actionable physical or locational intrusions
Actionable highly offensive non-trespassory intrusions
The "public"-"private" dichotomy and the concept of a "reasonable expectation of privacy"
The requirement of an actual intrusion or invasion Liability for acts of third parties-Aiding and abetting, etc.
Damage remedies for actionable intrusions
Injunctive relief
Consent or waiver
Qualified privilege
Absolute privilege-Judicial proceedings
Judicially compelled disclosures and legislatively authorized investigations
Absolute and qualified privileges of executive officers of federal and state government
Public records
The rights and responsibilities of media defendants
Wiretapping, electronic surveillance, peeping toms, eavesdropping and mail interception
Obtaining, disclosure and discussion of confidential medical information; issues of genetic privacy
Creditors and debt collection agencies
Professional investigators and surveillance and stalking
Job-related racial and sexual harassment
Intrusions upon prisoners' and psychiatric inmates' privacy
Interferences with marital and family relationships
Initiation of and participation in judicial proceedings
Use of names
Searches of patrons and precipitated arrests by store personnel
Landlord-tenant disputes
Employer-employee relationships

Public Disclosure of Private Facts

Truth and malice
Public disclosure of private facts v. intentional infliction of emotional distress-A comparison
The publicity requirement
The identification requirement
The private facts requirement
The highly offensive requirement
The fault requirement in public disclosure cases
Remedies
Consent or waiver
Qualified or conditional privileges
Publications by executive and legislative officers of government
Absolute privilege for legally compelled disclosures
Absolute privilege for judicial proceedings
Church disciplinary proceedings
Public records
Public personages-Public officials and employees, candidates for public office, and other public figures
The public interest-Newsworthiness limitation
Newsworthiness and the passage of time
Cox Broadcasting Corp. v. Cohn and its progeny

False Light in the Public Eye

False light-An introduction
False light-A comparison with the three other subgroupings of privacy
The requirement of publicity
The identification requirement
The substantial falsity and highly offensive requirement-General rules.
Remedies-Damages
False light and the common law and statutory requirements of defamation for proof of special damages
Waiver or consent
Qualified privilege
Absolute privilege-Judicial proceedings
Executive officials
False light and the fair report privilege
Applicable first amendment standards
False light, defamation and use of hidden cameras and deception: a proposal for establishing constitutional malice

Breaches of Fiduciary Duties and Duties of Confidentiality

Introduction
Liability of physicians and psychotherapists for breaches of confidentiality
Banking and lending institutions

Misappropriation

The appropriation-publicity tort-ln general
Cases involving appropriation of name, picture or portrait to advertise a product, promote a business or otherwise financially benefit the defendant
Non-commercial appropriations
Appropriation of identity-Definitional coverage
Identification
Consent, waiver and abandonment
Descendibility and inheritability of the right of publicity
The incidental use exception
The newsworthiness-public interest limitation
Absence of commercial appropriation
The "ad in disguise" exception to newsworthiness Forfeiture by falsification or fictionalization
First amendment limitations
Damages
Injunctive relief

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