Intrusion Upon Seclusion
Intrusion upon seclusion is a privacy tort for intentionally intruding, physically or otherwise, on a person's private affairs in a manner highly offensive to a reasonable person, regardless of whether anything is ever published.
Unlike the publication-based privacy torts, intrusion focuses on the act of prying itself, including unauthorized surveillance, eavesdropping, hacking into private accounts, or trespassing to gather information. Liability can attach even if the intruder never publishes what they learn.
Courts weigh the reasonableness of the plaintiff's expectation of privacy in the place or matter intruded upon and the offensiveness of the method used. Newsgathering conduct that would otherwise be intrusive can still be actionable even when the resulting story itself is fully protected speech.
Juricratic treats intrusion as a claim that can proceed independently of any defamation or privacy-of-facts claim, with its own liability dial keyed to the intrusiveness of the underlying conduct rather than to the truth or falsity of any subsequent publication. This lets a user model newsgathering-conduct exposure separately from publication exposure.
How it actually shows up
Counsel for a subject of undercover investigative reporting evaluates an intrusion claim based on how reporters obtained access, independent of whether the resulting broadcast was accurate.
- Does intrusion require publication of the information obtained?
- No, the tort is complete upon the intrusive act itself.
- Can newsgathering conduct be intrusive even if the published story is accurate?
- Yes, the two are analyzed as separate questions.
- What kind of privacy expectation is required?
- A reasonable expectation of privacy in the place, conversation, or matter that was intruded upon.
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