9-Step Guided Lesson · ~7 min
Privacy Torts Overview
Which of the four distinct invasion-of-privacy torts is in play?
這一課問的是:四種「侵犯隱私」侵權中,是哪一種?Invasion of privacy 不是一個侵權,而是四個。
ActorActObjectStandardConsequence
What does this topic ask?
這一課問的是:四種「侵犯隱私」侵權中,是哪一種?Invasion of privacy 不是一個侵權,而是四個。
"Privacy Torts Overview" really asks: Which of the four distinct invasion-of-privacy torts is in play?
Trigger words:
spiedrecordedleakedused my photofalse claim about me
5 words you must own
Tap a card to flip it.
One exam-ready rule
Invasion of privacy covers four distinct torts: intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of the plaintiff's name or likeness.; intrusion is a highly offensive prying into private affairs; public disclosure publicizes private facts not of legitimate public concern; false light publicizes a highly offensive false impression; and appropriation uses the plaintiff's name or likeness for the defendant's commercial advantage.
Five colored parts — always
Actor 行為人
the defendant
侵犯者
Act 行為
an invasion
入侵行為
Object 對象
a privacy interest of P
P 之隱私利益
Standard 法律標準
one of four distinct torts
四種獨立侵權之一
Consequence 後果
liable for invasion of privacy
構成侵犯隱私
How courts illustrate this
Sidis v. F-R Pub. Corp.
Simplified Holding
Public disclosure of private facts about a former public figure may still be actionable if the facts are no longer of legitimate public concern; however, once-public figures may face higher hurdles where the disclosure serves news interest.
Why It Matters Here
Privacy doctrines balance personal autonomy against legitimate public interest.
公開私事在「正當公共利益」與「個人隱私」間取得平衡。
Where learners slip
invasion of privacy 是「一個」侵權。
Four distinct torts; pick the right one.
四個獨立侵權;須選對。
只要陳述是真的,所有隱私侵權都不成立。
Public disclosure can still apply even when true.
公開私事即使屬實仍可成立。
Your analysis
Issue
Did D invade P's privacy by printing P's photograph in a magazine advertisement without P's consent?
Rule
Invasion of privacy includes appropriation — using the plaintiff's name or likeness for the defendant's commercial advantage without consent.
Application
D, a company, printed P's photograph in a magazine advertisement for its product without asking P. Because occurs when a defendant uses the plaintiff's likeness for commercial advantage without consent, the fact that means D appropriated P's likeness.
Conclusion
Therefore, D invaded P's privacy by appropriation.
Quick multiple-choice check
A neighbor installed a camera pointed at P's bedroom window and recorded her undressing for weeks. Which privacy tort?
Lock it in
Tap the chips in the right order: