How To Prove A Michigan Invasion of Privacy – Intrusion Upon Seclusion Claim

 

 

In Michigan, a claim of Invasion of Privacy – Intrusion Upon Seclusion is defined as:

Invasion of Privacy by Intrusion Upon Seclusion occurs when one intentionally intrudes upon the seclusion or solitude of another or another’s private concerns and affairs.

It simply means:

A person violates the personal space or information of another person.

There are 3 elements of the claim:

• Element 1. The defendant intruded into the plaintiff’s private affairs or solitude. The defendant secretly interfered with the plaintiff’s personal life or private space, such as by spying or eavesdropping, without permission, causing the plaintiff to feel their privacy was violated.
  

  Facts that might support this element look like:

  * The defendant installed a hidden camera in the plaintiff’s home without consent, capturing private moments.
  * The defendant accessed the plaintiff’s personal emails and messages without permission, revealing sensitive information.
  * The defendant repeatedly trespassed onto the plaintiff’s property, peering into windows to observe private activities.
  * The defendant intercepted the plaintiff’s phone calls, violating their expectation of privacy in communications.
  * The defendant followed the plaintiff to private locations, documenting their activities without consent or knowledge.

• Element 2. The plaintiff had a reasonable expectation of privacy. The plaintiff believed they had a right to keep their personal life private, meaning they expected that their private moments or information would not be intruded upon or exposed without their consent.
  

  Facts that might support this element look like:

  * The plaintiff regularly conducted personal conversations in their home, believing these discussions were private and confidential.
  * The plaintiff had taken steps to secure their property, including installing locks and using curtains to prevent outside observation.
  * The plaintiff had a history of keeping sensitive information, such as medical records, in a locked drawer, indicating a desire for privacy.
  * The plaintiff communicated to others that they valued their privacy and expected their personal space to remain undisturbed.
  * The plaintiff had no reason to believe that their private activities were being monitored or recorded by others.

• Element 3. The method of intrusion would have been objectionable to a reasonable person. This means that the way someone invaded your privacy was so inappropriate or offensive that an average person would agree it crossed a line, making it unacceptable to intrude into your private life without your consent.
  

  Facts that might support this element look like:

  * The defendant installed hidden cameras in the plaintiff’s private residence without consent, capturing intimate moments.
  * The defendant accessed the plaintiff’s personal emails and messages without authorization, violating their expectation of privacy.
  * The defendant trespassed onto the plaintiff’s property to eavesdrop on private conversations, disregarding the plaintiff’s right to seclusion.
  * The defendant used a drone to surveil the plaintiff’s backyard during private gatherings, causing distress and discomfort.
  * The defendant repeatedly followed the plaintiff in public spaces, creating a sense of harassment and invasion of personal space.

^{(See Tobin v. Civil Service Commission, 331 N.W.2d 184 (Mich. 1982).)}
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Prove Your MI Invasion of Privacy – Intrusion Upon Seclusion Claim

U.S. Civil Cases Only