The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Sunday, October 29, 2006

Don't flash your breasts in public and expect to sue for invasion of privacy 

The United States District Court for Maryland has recently (October 18, 2006) granted summary judgment against a woman who sued Easyrider magazine for invasion of privacy after a photo of her flashing her breasts at a BBQ attended by one hundred bikers appeared in the magazine. The claim in Barnhart v. Paisano Publications was based on three traditional bases of "invasion of privacy":

  • Intrusion upon seclusion - Not much seclusion or expectation of privacy when you pull up your shirt at a BYOB biker BBQ.
  • False light invasion of privacy - The depiction was accurate and did not falsely suggest that the plaintiff was the type of person who would consent to having topless pictures published in Easyrider.
  • Appropriation of personality - The plaintiff is not famous, is not a professional model and there is nothing particularly of value associated with her likeness. Also, it was done in public. (Maybe I'm being a bit too Canadian, but I think I'd rather not tell anyone their breasts have no commercial value.)

Via The Southern California Law Blog.

Also from delawareonline ¦ The News Journal ¦ Maryland judge: Topless photo didn't violate privacy

"Barnhart’s display of her breasts “cannot reasonably be said to have constituted a private act,” Motz wrote. “She exposed herself at an outdoor fundraising event open to any members of the public who purchased a ticket.”

Her claim that the image presented her in a false light also failed because she never claimed that the picture distorted “her true appearance,” but only that it created the impression she was the sort of person who would consent to posing topless for a magazine, Motz ruled.

Finally, Motz held that Barnhart’s claim for appropriation of her likeness failed because her image has no commercial value. Maryland courts have held that someone whose picture is taken in a public place at a newsworthy event does not have an appropriation claim, the judge noted."

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