Funeral Arts National Board Practice Exam

If a funeral director violates privacy when taking a photo, what is the likely legal consequence?

1. Criminal charges

2. Libel action

3. Potential fines

4. Tort action

The correct answer is: Libel action

The most plausible consequence of a funeral director violating privacy by taking a photo without consent aligns with tort actions, specifically an invasion of privacy claim. In the context of privacy breaches, individuals may seek redress through civil litigation for wrongs that have caused them harm. This could involve claims such as intrusion upon seclusion, public disclosure of private facts, or appropriation of likeness, all of which fall under tort law. In this scenario, privacy violations can lead to significant emotional distress, particularly in the sensitive context of funerals and mourning. Victims of such privacy breaches can pursue compensation for the damages they have suffered, which is the essence of tort actions—wrongful acts leading to harm for which the injured party can seek legal remedy. While criminal charges may apply in some cases of egregious violations, they are less common for civil privacy issues. Libel pertains specifically to defamation through written statements rather than privacy violations. Potential fines are often associated with regulatory breaches or specific statutes but do not encompass the full scope of damage that invasion of privacy can cause, which is better addressed through tort actions.