Hastings Communications and Entertainment Law Journal


The authors assert the need for a common method of analyzing privacy situations that can be applied consistently by practitioners, juries and courts. They contend that confusion exists as to the legal basis of privacy torts because the right of privacy, as originally conceived by Warren and Brandeis, was never adequately defined. Prosser's analysis of privacy torts departs from the Warren and Brandeis formulation and, according to the authors, also can be criticized for lack of definition. The authors present a new methodology that analyzes privacy torts based upon the scope of consent standard. They maintain that the result will be the protection of the right of privacy as originally conceived by Warren and Brandeis.