The US common law of privacy is commonly organised into four distinct privacy torts. Which statement accurately describes how these torts function as a source of privacy obligation?
- AThey are judge-made causes of action recognised and refined state by state, allowing individuals to sue even where no privacy statute applies. Correct
- BThey are codified uniformly in a single federal statute that every state must apply without variation.
- CThey are enforced exclusively by the Federal Trade Commission as a federal regulatory programme rather than by private plaintiffs.
- DThey are constitutional guarantees derived from the right to privacy implied in the Bill of Rights and enforceable against any defendant.
Why A is correct: Correct: the privacy torts developed through judicial decisions and were adopted across states, giving individuals a remedy in court that exists independently of any statute.
Why B is wrong: Tempting because the four torts are well settled, but they arose from court decisions and influential commentary, not a uniform federal statute, so codification misstates their source.
Why C is wrong: Tempting because the FTC enforces privacy norms, but the privacy torts are private causes of action that individuals bring, not a regulatory programme the FTC administers.
Why D is wrong: Tempting because constitutional privacy exists, but the four torts are common law remedies between private parties, distinct from any constitutional right, so calling them constitutional misclassifies them.