Torts: Privacy: Disclosure

Disclosure = widespread dissemination of confidential information about a Π that would be objectionable to an average person.
  • EX: doctor mailing copy of Π’s medical records to every lawyer at the law firm.
  • Exceptions:
    • newsworthiness exception. Investigative reporting. Supermarket tabloids.
    • {POPULAR ON MBE} Dual-life fact pattern: scenario where Π is operating in 2 different spheres of activity. There will be a lawsuit and Π will lose.
      • EX: Pete is a 28 year old gay man who is out of the closet to his family. But he’s not out of the closet at work. A conservative insurance company, and he thinks that if he will be out of the closet, it will hurt his chances for promotions. Pete is holding a sign in a rally saying “I’m gay.” A co-worker sees it, reports it at work. Pete sues. He was willing to make a public statement. Given that it was public, it’s not like medical records.