Intrusion Upon Seclusion Flashcards
PRONG 1
Rule
Intentional Intrusion
Physical or Otherwise
What is Physical Intrusion?
- There is entry.
- Was there Consent/Voluntary Invitation?
- If Yes=No Intrusion;
- Unless:
- Did they Go beyond Scope of Consent?
- Restricted Access Points
- Durational Limits
- Was Consent revoked?
- Notice of revocation
-
Does consent go against interests of tort’s aim [certain frauds]?
- Did the entry disrupt normal activities?
- Was it loud/Noisy?
- Intent to take private information?
- Did they eavesdrop into private or privileged information?
- Did they intend to steal Trade Secrets?
- Did the entry disrupt normal activities?
- Did they Go beyond Scope of Consent?
- If No=Trespass=Intrusion
Examples Of Consent Against Person’s Interests?
Meter reader who enters in order to spy
Business Competitor who gets into abusiness posing as customer but plans to steal trade secrets
Examples Where Consent NOT against person’s interests?
Reporter’s lying of intent
Trying to dig up dirt for court case/investigative report
Purchaser lying about having a better price elsewhere
Dinner guests who were not good actually good friends
Browser in store not actually interested in buying
Was there Otherwise Entry?
-
Types of acts
- Computer Hacking
- Making Phone calls
- Reading someone’s emails
Prong 2
Rule
(the intrusion is)
Upon the Solitude, Seclusion or Private Affairs/Concerns
[WAS THERE A REASONABLE EXPECTATION OF SECLUSION?]
Prong 2
Factors
- Factor 1: WHO IS P? [Can they reasonable expect privacy?]
- Factor 2: WHERE IS P? [Is this where they can reasonable expect privacy?]
- Factor 3: WHAT IS THE INFO?
- Factor 4: HOW DID D GATHER?
Factor 1: WHO IS P? [Can they reasonable expect privacy?]
-
Are they Public or Private Person?
- If Public Person
- Voluntary or Involuntary Public?
- Compare Jackie O as public figure and Mandarino (wearing outlandish disguise) vs. a whistleblower who is outed by a congressman
- Voluntary or Involuntary Public?
- If Private Person
- Have they done anything to make themselves public?
- Have they told people information?
- Have the demonstrated/made themselves public in any situation?
- Hypo Dancer: she did not perform in public
- Have they shared access to location/private affairs w/ others?
- If Public Person
-
Are they _Vulnerable perso_n that we want to protect?
- Disabled/Mentally ill
- Child/Elderly
Factor 2: WHERE IS P? [Is this where they can reasonable expect privacy?]
- Is it considered a Public or a Private location in these circumstances?
- What efforts made to keep the location/material private?
- What types of things are found inside?
- Hav they publicy advertised the location?
- Do they charge money for services at the location?
- Was there overzealous intrusion in a public space?
Prong 2
Factor 2
Q1
Is it considered a Public or a Private location in these circumstances?
What is the Custom or Habit for this material/location in these circumstances?
[[House: Typically used for just family—Hospitals/Ambulance: Custom is for only persons receiving medical treatment, doctors and family to be inside. Not reporters=Shulman–Accident Site: We would expect reporters to be on the scene of an accident. –Hypo/Dressing room=evaluate habit for dressing room/only for performer or does owner typically go inside? *Place to mentally prepare…]]Public Street=Least expectation of Privacy
Shulman: Anyone has access to a public ditch near highway. We would expect reporters to be there if there was an accident
Own Home=Most expectation of Privacy
Business/Other person’s home /School/Restaurant etc=Depends the most on circumstances
Psychic Hotline: In business, even in open offices, there is an expectation of some privacy/Not everything said is public.
If persons tells you they’re recording…a reality show is filming there/you know that they’ve been on a reality show
Prong 2
Factor 1
Question2
What efforts made to keep the location/material private?
- Volume of Conversation?
- Does it seem like they’re trying to keep their conversation private or not?
- Barriers?
- Berosini: Only flimsy curtain w/holes in it
- Gates, Doors, Locks, Keypads , Passwords, Memberships, Reception Desks, Security Guard, Curtains Drawn
- Destroyed?
- Ripped Up (how much/what size) Still recognizable?
- *Trash is not automatically private. Must make effort to make private (see other factors)
- Danai: Ripped up the paper but into big pieces
Resticted Access?
Notice of Restriction?
Used a key/combination
Berosini: Plenty of people had access to the backstage area
Danai: Danai did not have access to the trash room. The Managers Did. Managers also had access to room to pick up trash.
Prong 2
Factor 2
Question 3
What types of things are found inside?
- Dietemann: Non-medical stuff found inside, so not a business
Prong 2
Factor 2
Question 4
Have they publicly advertised the location?
- Public listing in phone book/online
- Sign outside
- Billboards/commercials/Online ads
Prong 2
Factor 2
Question 5
Do they charge money for services at the location?
- Dietteman: Where he didn’t charge $$ for services, less likely to be a business
Prong 2
Factor 2
Question 6
Was there overzealous intrusion in a public space?
- Used hidden wireless microphones/Hidden video cameras?
- Conversations with privileged persons?
- Medical professionals
- Proximity to a person, so as to count the money they take from the ATM
- Inside of a person’s vehicle
