Indiana

Indiana has recognized the four privacy torts. Its misappropriation statute, Ind. Code § 32-13 (1994), was repealed in 2002.

Private Facts: The Indiana Supreme Court expressed reservations about the constitutionality of continuing to recognize the private facts tort in 1997. The court found the truth defense to libel, which is explicitly recognized in the Indiana Constitution, poses a substantial obstacle to the recognition of private facts claims, but declined to expand its ruling on the continued recognition of the cause of action beyond the case before it, which involved allegations by an HIV-positive man that information from medical files about his HIV status had been improperly accessed and disclosed to his co-workers. Doe v. Methodist Hosp., 690 N.E.2d 681 (Ind. 1997).

False Light: There is no privacy claim when an actor’s career is critiqued, and as part of that critique, his film clips are edited and broadcast without his consent. Perry v. Columbia Broadcasting Co., 499 F.2d 797 (7th Cir.), cert. denied, 419 U.S. 883 (1974).