Mainstreaming Privacy Torts

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1 Response

  1. Ken says:

    “Any updates to privacy tort law should protect the broader set of interests identified by Warren and Brandeis, notably a person’s right to be free from unwanted disclosures of personal information so that he can develop his personality.”

    Non-attorney here, with an attorney question:

    How does the last phrase in that sentence — “so that he can develop his personality” — add to the meaninig or the value of the sentence?

    As a matter of logic, it’s extremely restrictive. Suppose, for example, that a person were attacked by unwanted disclosure of personal information. Then, in the tort litigation, attorney for the defense would argue: “Well, he hasn’t shown that my client’s behavior compromised plaintiff’s ability to develop his personality, so plaintiff has failed to demonstrate that element of his case.”