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Torts • Invasion of Privacy
TORT#101
Legal Definition
PDPF involves the public disclosure of private information in a way that is highly offensive and objectionable to a reasonable person of ordinary sensibilities.
Plain English Explanation
We all have skeletons in our closet and personal factoids that we'd rather not be made known to the public, and the law supports that sense of privacy. PDPF generally applies to things that cause a person a great amount of humiliation or shame within their communities. Something that is so inappropriate for anyone to ever share with the public, that it feels cruel and offensive. For example, a person's sexual, medical, or financial history may be something that, if shared, would bring them great shame in their community.
Hypothetical
Hypo 1: Bob learned that Sam used to be in a sexual relationship with another man during college. Sam and his lover kept their relationship secret. Sam now lives and works in an extremely conservative community. One day, Bob posts a photo on the town's Facebook group of Sam kissing his old boyfriend and talks about their relationship. Result: Sam has a claim for PDPF against Bob because a reasonable person of ordinary sensibilities would likely be highly offended by Bob choosing to "out" Sam on his conservative town's public forum, including a photo of Sam kissing his former partner during their relationship they tried to keep secret and private.
Related Concepts
In assessing invasion of privacy, what is appropriation?
In assessing invasion of privacy, what is false light?
In assessing invasion of privacy, what is intrusion upon seclusion?
In assessing invasion of privacy, when may a court impose punishment on the press for a publication?
What 4 torts are fall under invasion of privacy?
