Intrusion Upon Seclusion

October 19, 2012 Revision Legal

Like defamation and false light invasion of privacy, intrusion upon seclusion is one of several state law privacy torts that may be available to a plaintiff. Intrusion upon seclusion or solitude occurs where a defendant intrudes upon the privacy or seclusion of the plaintiff.

Such an intrusion may occur by physical or electronic means, and some states require that, in order for such a claim to be viable, the intrusion occur in a manner in which, if it was performed by an individual and not a device, would have required physical presence. For example, if the intrusion occurred via a video camera in a bedroom, such a claim, in some states, would constitute a viable intrusion upon seclusion claim because, in the absence of a camera, such an intrusion would have required physical presence. Other states recognize that intrusion upon seclusion is a an information gathering tort and that an intrusion upon seclusion claim may be satisfied by computer hacking or information theft.

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