Abstract: In August 1960 William L. Prosser published a remarkable analysis of privacy in the California Law Review} Prosser addressed the privacy tort's increasing complexity, its myriad purposes, and its transformation into an overly broad scheme of liability. Responding to these issues, Prosser proposed four distinct privacy torts: the intrusion upon the plaintiffs solitude, a public disclosure of embarrassing facts, a public distortion of the plaintiffs public image, and an appropriation of the plaintiffs specific characteristics.2 Prosser analyzed privacy against the background of American experiences. Consequently, his views were shaped by the American legislative and judicial context. But none of the developments Prosser described is a singularly American phenomenon. Prosser's reference to Warren and Brandeis's 1890 article in the Harvard Law Review3 could just as easily have been expanded with references to German cases concerned with the right to be left alone.
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
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Cited By Count: 11
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