Unreasonable Intrusion Upon Seclusion of Another
To recover for the tort of intrusion, a plaintiff must prove the following elements:
- an intentional intrusion (physical or otherwise);
- on the solitude or seclusion of another;
- that would be highly offensive to a reasonable person
The Court finds that Kuhn had a reasonable expectation of privacy at her place of work during working hours that arises from a desire to be left alone to perform the duties for which she was hired.
Kuhn v. Account Control Technology, Inc., 865 F.Supp. 1443, 1449 (D.Nev.,1994).
The court considering whether a particular action is "highly offensive" should consider the following factors:
- the degree of intrusion,
- the context,
- conduct and circumstances surrounding the intrusion; as well as the intruder's motives and objectives,
- the setting into which he intrudes, and
- expectations of those whose privacy is invaded