Types of Privacy Torts

In the American Justice System there are four types of privacy torts. These types of torts are found to be used in civil lawsuits and not in criminal lawsuits. The difference between a civil lawsuit and a criminal lawsuit is that in a civil lawsuit you are not facing any type of jail time, but instead may have to pay compensatory or punitive damages if found guilty.

(1) False Light

(2) Public disclosure of private facts

(3) Appropriation for commercial gain

(4) Intrusion on an individual's affairs

1. False light- This type of tort occurs when news or publicity about an individual publicizes a private fact that is not true. For example if John releases information in the local newspaper to the public that his wife is having an affair with another man he has committed the "false light" tort unless he can prove that it is true.

2. Public disclosure of private facts about a person- This tort occurs when an individual releases a private fact about another individual that a normal and reasonable person would find offensive. For example if John's wife in retaliation publicizes information about his sex life or the fact that he cannot pay off his debts she has just committed the "public disclosure of private facts" tort.

3. Appropriation for commercial gain- This tort occurs when a company or individual uses another person's name, voice, looks, or any other characteristics of a person to sell or market products for financial gain without the consent of that person. This type of tort normally only effects celebrities and athletes when companies take identifying traits of them and use it to sell or market products.

4. Intrusion on an individual's affairs or seclusion- This tort occurs when an individual invades another person's personal affairs and private matters when that individual has the right to expect privacy. Going back to John in the first scenario. If John hears through a mutual friend that his wife's friend Sue is having an affair and he decides to hide outside of her house to see who arrives and leaves from the house he has committed the "intrusion on an individual's affairs or seclusion" tort.

Bibliography

KUBASEK, NANCY. Dynamic Business Law. Boston: McGraw-Hill/Irwin, 2009.