Intrusion Into Seclusion

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The intrusion into seclusion privacy tort is the act of invading a person’s private space.

• takes several forms:
  • physical intrusion
  • intrusion through electronic means
    • E.g., using an eavesdropping device
• intrusion must be highly offensive to a reasonable person
• the legal wrong occurs as soon as the private space is invaded
• Understanding what constitutes a private space is important for this tort

Example

In 2009, the Supreme Court of Ohio found that people have a reasonable expectation of privacy in their cell phones.

• because cell phones can hold large amounts of personal data
• Other courts have held that people have a reasonable expectation of privacy in the data stored on their personal computers
  • especially true if they take steps to protect the data
  • E.g., encrypting the data or using a password to protect the computer