Also known as:intrusion upon seclusion · intrusion on seclusion · intrusions upon seclusion · seclusion tort
Written by attorneys · grounded in primary & secondary sources — see below
An intentional intrusion, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns. The intrusion must be highly offensive to a reasonable person to give rise to liability for resulting harm to the plaintiff's privacy interests.
Sources & Authorities· 4 sources
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Restatements
Casebooks
How it applies
Common Examples
3
Fitness App Microphone Activation
PulseTrack activates users' phone microphones without disclosure to capture short conversations inside their homes. It then incorporates Nina's recorded voice and profile photo into an online advertisement implying she lost weight using the app. Nina had no knowledge of the recording and had taken steps to keep her home conversations private. The secret capture of private speech in her residence constitutes an unreasonable intrusion upon seclusion that would offend a reasonable person.
Drone Overflights of Enclosed Yard
Ridge Framing operates a drone at 150 feet that repeatedly flies directly over Stuart's six-foot privacy fence to capture high-resolution footage of his family barbecues and children's play. The backyard is not visible from ground-level public streets and Stuart had enclosed it to maintain seclusion. The systematic aerial surveillance and later public posting of the unedited videos without consent invades Stuart's protected zone of solitude.
Condominium Window Photography
UrbanRise hires a photographer who captures images through Maya's living-room window showing her in revealing sleepwear embracing a partner on her couch. The photos are placed in a glossy marketing brochure distributed to promote sales of the building without Maya's knowledge or consent. Maya had drawn no curtains but maintained a reasonable expectation that intimate conduct inside her home would remain private from commercial exploitation.
Common questions
Frequently Asked
4
What elements must a plaintiff prove to establish unreasonable intrusion upon seclusion?+
A plaintiff must show an intentional intrusion upon solitude or private affairs that would be highly offensive to a reasonable person. The intrusion may be physical or accomplished by other means such as electronic surveillance. Liability arises only when the conduct penetrates a zone of privacy where the plaintiff had an objectively reasonable expectation of seclusion.
Supporting sources
Does consent from a service agreement defeat an intrusion claim?+
A general service agreement clause permitting recording for safety or quality purposes may limit expectations of privacy but does not automatically defeat liability. If the defendant later uses the recordings for undisclosed commercial marketing, the scope of consent is exceeded and the intrusion may still be actionable.
Can aerial observation from public airspace constitute intrusion upon seclusion?+
Repeated drone flights directly over an enclosed backyard at low altitude that capture private family activities not visible from the ground can amount to an unreasonable intrusion. The key inquiry is whether the surveillance systematically penetrates a zone of privacy that the plaintiff took affirmative steps to protect.
Is visibility from a public sidewalk a complete defense to an intrusion claim involving home interiors?+
Visibility from a public vantage point does not automatically defeat the claim when the defendant intentionally photographs and widely publicizes intimate conduct inside a residence. The law recognizes a strong expectation of privacy in home interiors even if a passerby could glimpse the activity.
. First, a triable issue exists as to whether both plaintiffs had an objectively reasonable expectation of privacy in the interior of the rescue helicopter, which served as an ambulance.…
. First, a triable issue exists as to whether both plaintiffs had an objectively reasonable expectation of privacy in the interior of the rescue helicopter, which served as an ambulance.…
TortsOther torts · Claims based on defamation and invasion of privacy, defenses, and constitutional limitationsUBEFoundational