Which is an element of the privacy tort of disclosure?

• A. Public disclosure of public facts
• B. Disclosure of private, confidential information that would be objectionable to an average person
• C. False statements about the plaintiff
• D. Breach of contract

Answer: (B)

This tests the element of the privacy tort known as disclosure of private facts: revealing private, confidential information about the plaintiff to others, and the disclosure would be highly offensive to a reasonable person. Liability rests on publishing information that the plaintiff had a reasonable expectation of privacy and that the facts are not a matter of legitimate public concern. If the information were public facts, or if the issue involves false statements, those fit defamation, not this privacy tort. Breach of contract is a separate claim unrelated to private disclosures.