Funeral Arts National Board Practice Exam

What could a funeral director be guilty of if they take a picture of the deceased without permission?

1. Breach of confidentiality

2. Libel

3. Negligence

4. Invasion of privacy

The correct answer is: Libel

A funeral director taking a picture of the deceased without permission could be guilty of invasion of privacy. This violation occurs because the deceased individual and their family have a reasonable expectation of privacy regarding their likeness and dignity after death. Capturing and potentially sharing or distributing an image of the deceased without the consent of the family infringes upon their personal rights, particularly in a sensitive and emotional context such as a funeral. Invasion of privacy encompasses various actions that encroach on an individual's personal space or confidentiality. In this case, taking a photograph of the deceased falls directly under this definition, as it disregards the family's wishes and the deceased's dignity. This act could lead to emotional distress for the family and potential legal ramifications for the funeral director. While breach of confidentiality is related, it usually concerns the unauthorized disclosure of private information rather than the act of capturing an image itself. Libel pertains to the publication of false statements that harm someone's reputation, and negligence involves failing to exercise a reasonable level of care, which may not directly apply in this scenario. Thus, invasion of privacy is the most fitting response to this situation.