Intrusion upon seclusion occurs when a perpetrator intentionally intrudes, physically, electronically, or otherwise, upon the private space, solitude, or seclusion of a person, or the private affairs or concerns of a person, by use of the perpetrators physical senses or by electronic device or devices to oversee or overhear the persons private affairs, or by some other form of investigation, examination, or observation intrude upon a persons private matters if the intrusion would be highly offensive to a reasonable person. Hacking into someone elses computer is a type of intrusion upon privacy,[11] as is secretly viewing or recording private information by still or video camera.[12] In determining whether intrusion has occurred, one of three main considerations may be involved: expectation of privacy; whether there was an intrusion, invitation, or exceedance of invitation; or deception, misrepresentation, or fraud to gain admission. Intrusion is “an information-gathering, not a publication, tort…legal wrong occurs at the time of the intrusion. No publication is necessary”.[13] Restrictions against the invasion of privacy encompasses journalists as well: “The First Amendment has never been construed to accord newsmen immunity from torts or crimes committed during the course of newsgathering. The First Amendment is not a license to trespass, to steal, or to intrude by electronic means into the precincts of another’s home or office”.[13][14]
Posted on: Sat, 22 Mar 2014 16:24:31 +0000