AZ Common Law Causes of Action PUBLIC DISCLOSURE OF PRIVATE FACTS (2011)

• Jurisdiction: Arizona

PUBLIC DISCLOSURE OF PRIVATE FACTS

Elements

“One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that

(a) would be highly offensive to a reasonable person, and

(b) is not of legitimate concern to the public.”

RESTATEMENT (SECOND) OF TORTS § 652D. See Scottsdale Unified Sch. Dist. No. 48 v. KPNX Broad. Co., 188 Ariz. 499, 503, 937 P.2d 689, 693 (App. Div. 1, 1997), rev’d on other grounds 191 Ariz. 297, 955 P.2d 534 (1998) (“Arizona has adopted the elements set forth in the RESTATEMENT (SECOND) OF TORTS section 652A et seq. (1971) for a privacy claim based on public disclosure of private facts.”). Cf. Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 338, 783 P.2d 781, 784 (1989).

Proof

A party...