Invasion of privacy is the unreasonable interference of a person’s right to be left alone. The unreasonable interference could include interference with their public image, confidential information related to them, or their solitude.
What Is Intrusion of Solitude?
Intrusion of solitude, commonly called intrusion upon seclusion, involves prying into the plaintiff’s private affairs or solitude in a way that is highly offensive to a reasonable person. The invasion occurs in a place where the plaintiff has a reasonable expectation of privacy. An example of this would be if the defendant placed a listening device, often known as a bug, in the plaintiff’s home or office.
What Is a Reasonable Expectation of Privacy?
A reasonable expectation of privacy is the expectation of privacy a person has in certain places where a person should expect to have a degree of privacy, such as:
- Hotel room
- Changing room
What Do I Need to Prove to Win an Intrusion of Solitude Claim?
A plaintiff must satisfy three elements to successfully prove their case. These elements are:
- The intrusion was intentional
- The intrusion invaded the plaintiff’s seclusion, private affairs, or solitude
- The intrusion would be highly offensive to a reasonable person in the same situation
What Are the Available Remedies to an Intrusion of Solitude Tort?
If successful in an intrusion of solitude claim, a plaintiff can receive remedies such as monetary damages. If the invasion has not stopped prior to the filing of the case, the plaintiff is allowed other legal remedies designed to halt the offensive behavior, such as:
- A restraining order
- An injunction
Keep in mind that emotional distress and mental anguish damages are not recoverable under an invasion of privacy tort such as inclusion of solitude.
What Are the Defenses to Intrusion of Solitude?
The defenses to intrusion upon seclusion are:
- Privilege: The defendant had a privilege to intrude upon the plaintiff’s seclusion.
- Consent: The plaintiff gave the defendant permission to carry out the act.
Do I Need to Contact a Lawyer about Intrusion of Solitude?
Yes, if you have been a victim of an invasion of privacy tort, contact a personal injury lawyer. The lawyer will explain your rights and how to proceed with a claim against the defendant.