California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A celebrity chef, known for her secret recipes, was photographed by a paparazzi hiding in a tree outside her private residence, taking pictures through her kitchen window as she developed a new dish. The paparazzi then sold the photos to a gossip magazine. Which of the following privacy torts is most applicable to the paparazzi's actions?
- AIntrusion Upon Seclusion
- BFalse Light
- CAppropriation of Likeness
- DPublic Disclosure of Private Facts
Show answer & explanationAnswer & explanation
Correct answer: A. Intrusion Upon Seclusion
Intrusion Upon Seclusion occurs when there is an intentional intrusion upon the solitude or seclusion of another or their private affairs or concerns, that would be highly offensive to a reasonable person. Taking photos through a private kitchen window from a hidden vantage point constitutes such an intrusion.
Why the other options are wrong
- B. False Light involves publishing information that places a person in a false light, but the photos here are presumably true, not false.
- C. Appropriation of Likeness involves using a person's name or image for commercial advantage without consent, which is a separate issue from the act of taking the photos.
- D. Public Disclosure of Private Facts focuses on the act of disclosure itself, not the manner in which the information was obtained. While disclosure might occur, the initial act of obtaining the photos is the key here.
Intrusion Upon Seclusion
A privacy tort involving an intentional intrusion, physical or otherwise, upon the solitude or seclusion of another or their private affairs or concerns, that would be highly offensive to a reasonable person.
- Requires an intentional act of intrusion.
- Must involve a physically or technologically private area.
- Intrusion must be highly offensive to a reasonable person.
- Publication is not required for this tort.
Memory trick: Privacy torts are like 'F(alse) A(ppropriation) I(ntrusion) R(evelation)' of your personal space.