Idaho

Idaho has recognized the four privacy torts.

Intrusion:A television station that filmed the arrest of a nude man was not liable for intrusion. The news media can report the details of an arrest, even if it results in disclosure of embarrassing private facts about the person arrested, as long as the report is made without malice. Taylor v. KTVB Inc., 525 P.2d 984 (Idaho 1974).

A couple who used a radio scanner to overhear and record their neighbor’s cordless telephone conversation, during which a murder plot allegedly was revealed, may have intruded upon the neighbor’s seclusion. A statutory provision making it illegal to intercept cordless telephone calls arguably created a legitimate expectation of privacy regarding the contents of the neighbor’s conversation and established grounds for an intrusion claim. Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998).

Private Facts: A newspaper was protected from invasion of privacy and intentional or reckless infliction of emotional distress claims after publishing a photographic reproduction of a 40-year old newspaper article implicating the plaintiff in homosexual activities. The court held that although the information published was out-of-date and no longer newsworthy, it was a matter of public record. Uranga v. Federated Publications, Inc., 67 P.3d 29 (Idaho 2003).

A couple who recorded a neighbor’s telephone conversation by using a radio scanner alleged that the conversation revealed a murder plot and, consequently, provided the recording to law enforcement authorities. The couple may have published private facts about their neighbor in doing so, because an Idaho law making the interception of cordless telephone calls illegal may have created a legitimate expectation that cordless calls would remain private. Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998).

False Light: Disclosure of the tape recording (above) by the couple who used a radio scanner to record a neighbor’s cordless telephone call contained no “materially false” information, and thus could not be grounds for a false light claim. Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998).