AZ Common Law Causes of Action INTRUSION UPON SECLUSION (2011)

• Jurisdiction: Arizona

INTRUSION UPON SECLUSION

Elements

“One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.” Hart v. Seven Resorts Inc., 190 Ariz. 272, 279, 947 P.2d 846, 853 (App. Div. 1 1997)) (quoting RESTATEMENT (SECOND) OF TORTS § 652B).

Proof

“[I]t is clear that the level of injury required for intrusion in Arizona falls short of what would be required to state a claim for intentional infliction of emotional distress.” Med. Lab. Mgmt. Consultants v. Am. Broad. Cos., 30 F. Supp. 2d 1182, 1189 (D. Ariz. 1998).

“Offensiveness is determined by considering the degree of the 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 the expectations of those whose privacy is invaded.” Med. Lab. Mgmt. Consultants v. Am. Broad. Cos., 30 F. Supp. 2d 1182, 1189 (D. Ariz. 1998) (internal quotation omitted).

“When an intrusion occurs in a home or other personal sphere, the plaintiff’s expectation of privacy has, in most instances, been deemed to be objectively reasonable. However, courts have recognized that there is a diminished expectation of privacy in the workplace.” Med. Lab. Mgmt....