By Michael P. Ehline, Esq. – Intrusion Upon Seclusion is an intentional tort that may be brought if someone has violated your right to privacy. To bring an actionable claim for Intrusion Upon Seclusion these several elements must be met.
The action must be an:
- Upon the seclusion physically or otherwise
- Into the solitude of another, that is
- Highly offensive to a reasonable person
Even a Lawful Intrusion Can Invade Privacy
It should be noted that info could be obtained lawfully and the intrusion is still tortuous.
Plaintiff claims that Defendant intruded upon his family and personal life attempting to gather information about him and discredit him by constantly monitoring him. INTRUSION only occurs when the information is private and the defendant’s conduct was unreasonably intrusive.
NO intrusion if the information is public
Plaintiff must show that the conduct was intrusive and designed to elicit confidential information. Surveillance alone is not sufficient, being in a public place however does not make all of his actions public i.e. the amount of money he is withdrawing from a bank.
However, exhaustive cataloging of events may be intrusion while the events taken alone each may not be. Publication or communication of the private information is NOT required. Unreasonable telephone calls, peeping in windows, offensive language etc. may be actionable. Stake outs by large groups must be actionable only so far as each individual is concerned.
Also a plaintiff may bring a case if he or she was emotionally distressed because of journalistic deception or intrusion if he was violated and the D overstepped their boundaries in the interests of journalism. To learn more about tort laws, you should go here to contact an experienced tort law attorney