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Intrusion Upon Seclusion

By Eric Misterovich

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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