Invasion of Privacy

While there are several forms of invasion of privacy that are recognized by the courts, in the family law context, as a practical matter the relevant form of the invasion of privacy tort is “intrusion into the solitude or seclusion of another.”

“Intrusion as an invasion of privacy is [a tort that] . . . does not depend upon any publicity given a plaintiff or his affairs but generally consists of an intentional physical or sensory interference with, or prying into, a person's solitude or seclusion or his private affairs.” Hall v. Post, 85 N.C. App. 610, 615, 355 S.E.2d 819, 823 (1987) rev’d on other grounds, 323 N.C. 259 (1988). It is anticipated that this tort will become a more frequent issue in domestic cases, given the increased use of electronic and digital technology (the use of which, in some instances, may violate federal and state laws.) and the potential for illegally obtaining a spouse’s email communications or other protected digital or electronic materials. In order to prevail on a claim for intrusion, the plaintiff must not only show that the intrusion was intentional, but also that the intrusion is highly offensive to a reasonable person