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Is Invasion of Privacy a Viable Cause of Action in Arizona?: Rethinking the Standard

Abstract

The recognition of a right to privacy protected by a separate cause of action is a recent development in tort law. Although there has been considerable academic and judicial debate over whether there should be a right of privacy protected in tort, most state jurisdictions recognize this tort in one form or another.

The concept of invasion of privacy has received considerable attention by the courts in recent years, and the law in this area is still developing. With increasing encroachments on the right to privacy, such as electronic surveillance, drug and AIDS testing, and lie detector testing in employment situations, this tort is likely to receive even greater attention in the future.

Arizona recognizes invasion of privacy as a tort, but applies a stricter standard for recovery than most other jurisdictions that recognize this cause of action. Most jurisdictions apply the Restatement standard for recovery, which requires the plaintiff to prove that the defendant's conduct was "highly offensive to a reasonable person." Arizona requires that a plaintiff prove that the defendant's conduct was "extreme and outrageous."

This Note will review the history and development of the invasion of privacy tort. After examining the Restatement treatment of the tort, the possible defenses to the tort will be discussed with particular attention focused on Arizona's adoption of the stricter standard of recovery mentioned previously.

This Note will argue that the Restatement standard for recovery better serves Arizona tort law. After demonstrating that the Restatement standard and the existing defenses to privacy actions provide sufficient protection against frivolous lawsuits while also enabling plaintiffs to seek judicial redress for serious invasions of privacy, this Note concludes that the stricter standard currently required in Arizona should be discarded in favor of the Restatement standard.

How to Cite

30 Ariz. L. Rev. 319 (1988)

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Authors

Mary Jo Rudd (University of Arizona)

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