Invasion of Privacy: Intrusion

Intrusion upon seclusion is a type of invasion of privacy. But simply intruding on someone’s privacy isn’t enough to make a person liable for intrusion. The law requires the person filing an intrusion lawsuit to prove that the intrusion happened in a certain way.

This article will describe in detail the specific requirements of an intrusion lawsuit and what a plaintiff can recover. You can also discuss a privacy invasion with a defamation attorney or personal injury lawyer — both of whom would know how to help with this kind of civil claim. 

What To Know About Invasion of Privacy Claims

If someone intrudes on your privacy, you may want to know how privacy cases usually work. Under historical case precedent known as common law, invasion of privacy claims are civil wrongs known as torts.

The right to privacy can be enforced through four different common law tort claims:

• Intrusion of solitude (also known as intrusion upon seclusion)
• Appropriation of name or likeness (also known as misappropriation)
• Public disclosure of private facts
• False light

A claim of invasion of privacy, therefore, protects private life and personal privacy. An invasion of privacy lawsuit will generally invoke at least one of these four common law concepts. But invasion of privacy laws vary by state. For example, states like New York might not recognize all four causes of action listed above.

In those states, legal action may be available in other forms, such as:

• Defamation: Tort law that protects personal injury harms to reputation
• Statutory law: Enacted through legislation (civil code) rather than common law. For example, New York has laws prohibiting commercial use of personal information

How To Successfully Prove an Intrusion Claim

Intrusion laws vary by state, but in most states, a plaintiff (the person filing a lawsuit) must prove that all of the following occurred:

• The defendant (the person being sued) intentionally invaded the plaintiff’s privacy
• The intrusion would be highly offensive to a reasonable person
• The intrusion involved a private matter of the plaintiff, such as their private affairs or private information
• The intrusion caused the plaintiff emotional anguish or suffering

Most importantly, you should not think of intrusion as a physical act per se. For example, intrusion doesn’t necessarily require that a person trespass onto the property of another. In some states, intrusion could take place if the defendant invaded the plaintiff’s privacy. This could be done by using a zoom lens, sensitive eavesdropping equipment, or digital hacking and surveillance tools. Thus, the intrusion occurred even if the defendant never set foot on the plaintiff’s property.

The sections below explain what each of these requirements (also called “elements”) means.

Intentionally Invading the Plaintiff’s Privacy

The defendant needs to have the intent to invade the plaintiff’s privacy. In other words, you can’t make an intrusion claim if the defendant accidentally invaded your privacy. Intent can sometimes be difficult to prove. 

For example, suppose a person used a high-powered telescope to stargaze late at night. While they were adjusting the telescope, they accidentally saw a woman in the house next door for a few seconds. Because they did not purposely invade her privacy, the woman would probably not win an intrusion claim against the stargazer.

Highly Offensive to a Reasonable Person

This second element means that the invasion of privacy must be sufficiently extreme. It must have caused the plaintiff more than just embarrassment or discomfort. That is, the type of intrusion has to be so offensive that practically anybody would be distressed by it. This would also rule out claims by persons who may be hypersensitive in some way. This is because they may feel distress where an average or reasonable person would not.

For instance, a firefighter might “intrude” into a private home to investigate visible smoke from a potential fire. But is it an unreasonable intrusion? They may have a legitimate public concern for the safety of the occupants. They may even be attempting to prevent the wrongful death of an innocent victim of an arsonist. Their profession also gives them more reason and ability to intervene than other people. No matter how “offended” the dweller of the home might feel, the firefighter likely has a legal and reasonable basis to enter the home.

Private Matter to the Plaintiff

This element means that the intrusion was in a place or activity where the plaintiff had a reasonable expectation that their activities would not be viewed. The reasonable expectation of privacy does not usually exist in public areas. It is more commonly found in personal spaces like homes or private rooms. It can even exist in certain spaces and contexts at work.

A person has an expectation of privacy while engaging in an activity in their house. They shouldn’t have to worry about peeping while putting on makeup in the bathroom. But there is no expectation of privacy while doing the same activity in a car parked in front of one’s house.

Similarly, a phone call that involves confidential information may be reasonably made inside one’s bedroom. The plaintiff’s name, another person’s name, and related private information may be disclosed in that conversation. There is a reasonable expectation here in regard to the person’s right to privacy.

Anguish or Suffering Caused by the Intrusion

This final element means that the plaintiff suffered emotional harm due to the surprise or humiliation of having their privacy invaded. The anguish or suffering can happen at the same time that the intrusion occurred. For instance, it can happen immediately upon someone’s discovery that a person is taking pictures through their bathroom window.

However, an intrusion claim is also allowed even if the emotional harm only began after the intrusion. This could happen if a plaintiff later discovered photographs of themselves doing a private activity. The plaintiff may have been unaware of being photographed at the time the intrusion occurred.

Damages for an Intrusion Claim

A plaintiff with a successful intrusion claim can receive financial compensation from the defendant. It’s not necessary for the plaintiff to prove any monetary losses. The defendant may need to pay the plaintiff to make up for the emotional distress or mental anguish they caused. Generally, the greater the emotional distress caused by the intrusion, the greater the damages to which the plaintiff may be entitled. Of course, a plaintiff may also recover monetary damages relating to any injuries and medical expenses connected therewith.

In extreme cases where a defendant acts with reckless disregard, a court may even award punitive damages to the plaintiff. For example, a defendant may be fully aware that a restroom is in use. The defendant nevertheless barges in and laughs loudly at the horrified occupant inside. Here, the defendant is not only invading upon the defendant’s solitude, but they are also shamelessly reveling in their disgusting act. A court may award punitive damages to the plaintiff to deter future bad behavior and to make an example out of the defendant.

An Attorney Can Help With an Invasion of Privacy Lawsuit

If you’ve been the victim of intrusion, you should consider getting legal advice from a local personal injury attorney. They can help you recover money and obtain justice for the pain and embarrassment you may have suffered. A client relationship with an experienced lawyer can also maximize the dollar amount of your recovery.