Tort Law and Privacy Torts
Torts are civil wrongs in three categories: intentional, negligent, and strict liability. Privacy torts (intrusion on seclusion, public disclosure of private facts, false light, right of publicity) date to the 1890s but remain unsettled and face First Amendment defenses.
Torts are civil wrongs recognized as grounds for lawsuits, aiming to provide relief for damages and deter future wrongs. The chapter lists three categories.
- Intentional torts - the defendant knew or should have known harm would occur (e.g., stealing personal information)
- Negligent torts - the defendant's actions were unreasonably unsafe (e.g., lacking appropriate security controls)
- Strict liability torts - established when an action causes damage regardless of carelessness (e.g., product liability)
The personal privacy tort dates to the late 1890s. Privacy torts include intruding on seclusion, public revelation of private facts, false light, and interfering with the right of publicity. They are often met with a First Amendment free-speech defense, and courts have not taken a uniform approach.
A company that fails to provide adequate safeguards for personal information, causing harm when the data is disclosed, may be exposed to tort damages under a negligence theory.