intrusion on seclusion

A claim for intrusion on seclusion can be brought when someone intentionally intrudes physically or through electronic surveillance upon the solitude or seclusion of another.  

Intrusion on seclusion differs from trespass, which constitutes unauthorized physical entry of a property.  An intrusion on seclusion claim can be brought for unauthorized physical entry, wiretapping, or eavesdropping in addition to lying, deceiving, misrepresenting circumstances to gain entry, or exceeding the consent given for entry.  

There are several elements which need to be satisfied to bring an intrusion on seclusion claim.  Generally, a plaintiff must prove that they had a reasonable expectation of privacy.

• The defendant, without authorization, intentionally invaded the plaintiff’s private matters.
• The invasion is offensive to a reasonable person.
• The matter that the defendant intruded upon is a private one.
• The intrusion caused the plaintiff mental anguish or suffering.

The intrusion itself is actionable, regardless of whether any information is communicated to others.

See also: First Amendment and right to privacy

[Last reviewed in July of 2024 by the Wex Definitions Team]

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