Intro to Privacy

Everything

100

What does the term “yellow journalism” mean? And where can its current forms be found today?

A rise in the circulation of newspapers and rise of sensualistic journalism that covered topics like scandals, family squabbles, public drunkenness, and petty crimes

Current forms of "yellow journalism" can be found in tabloids and social media

200

What kind of law did Warren & Brandeis look at to see if a breach of privacy already had remedies?

Defamation (slander and libel) and contracts

300

What additional torts, outside William Prosser’s four, often protect privacy-related interests?

Breach of confidentiality, defamation (libel/slander), and intentional infliction of emotional distress (IIED)

400

Why are libel and slander not applicable remedies for a violation of privacy?

Slander/libel requires that the plaintiff show that what the defendant said is false and has caused damage to their reputation. An invasion of privacy can still occur if what the defendant said is damaging to the plaintiff's reputation, but also true. 

500

What test did Katz v. United States establish under the Fourth Amendment?

The “reasonable expectation of privacy” test: (1) a person must exhibit an actual (subjective) expectation of privacy, and (2) the expectation must be one that society is prepared to recognize as reasonable.

Is All

100

What new technology led to the increasing awareness of privacy law?

Instantaneous photography

200

How can contract law protect privacy interests?

Through express or implied provisions preventing collection, use, or disclosure of personal information, or through implied duties within certain relationships.

300

According to the Restatement (Second) of Torts, what is required for a claim of public disclosure of private facts?

Disclosure of private information that is highly offensive to a reasonable person and not of legitimate public concern

400

At the time of Warren & Brandeis’s article, why didn’t the current law provide protections?

Contracts used to be formed when people set up for a photo (more went into it) now if can be done without the persons permission; There does not need to be defamation for there to still be an invasion of privacy

500

What are the six limitations Warren & Brandeis suggest putting on the right to privacy?

(100 for each correct answer, min one max six)

1. The right to privacy does not prohibit any publication of matter which is of public or general interest 
2. The right to privacy does not prohibit the communication of any matter, though in its nature private, when the publication is made under circumstances which would render it a privileged communication according to the law of slander and libel 
3. The law would probably not grant redress for the invasion of privacy by oral publication in the absence of special damage 
4. The right to privacy ceases upon the publication of the facts by the individual or with his consent 
5. The truth of the matter published does not afford a defense
6. The absence of malice i the publisher does not afford a defense

Mixed Up

100

Where were Warren & Brandeis from when they wrote the article?

Boston, MA

200

What remedies did Warren & Brandeis propose for invasions of privacy?

(1) An action in tort for damages in all cases

(2) in very limited cases, injunctions.

300

Give multiple examples of how property law protects privacy.

Trespass protects the privacy of the home and land by prohibiting unauthorized physical intrusions.

400

What four distinct privacy torts did William Prosser identify?

(100 for each correct answer)

(1) Intrusion on plaintiff’s seclusion or solitude or into private affairs

(2) Public disclosure of embarrassing private facts about plaintiff

(3) Publicity which places plaintiff in false light in public eye

(4) Appropriation for defendant’s advantage of plaintiff’s name or likeness.

500

Not all laws/statues that have been put in place have been to protect privacy. A big one many of us know is the PATRIOT Act. Explain what this act does.

More government sharing of information, trying to combat terrorism, set up after 9/11, changed electronic surveillance statutes

Good Luck

100

What is the difference between Warren & Brandeis’s article from Godkin’s?

Warren & Brandeis actually break down the law to look at possible solutions

200

How does criminal law protect privacy?

Through prohibitions on bodily invasions (assault and battery), privacy of the home (trespass), stalking and harassment, and blackmail.

300

T or F: International laws and norms as to data privacy affect the way the US deals with privacy

True

400

Name four amendments that don’t specifically mention privacy but have provisions that protect privacy and have been interpreted as providing a right to privacy.

The 1st, 3rd, 4th, and 5th amendments

500

Name areas of the law where the government has passed laws protecting privacy.

Healthcare (HIPAA), school records, work product of media, credit reports and other financial docs, right to see one's own government records, etc.