Invasion of Privacy - Offensive Intrusion Civil Claim

Invasion of Privacy – Offensive Intrusion

North Carolina State Civil Tort

A tort is a civil wrong at law that gives an injured person a “cause of action” (a right to file a lawsuit in court) to seek recovery for the damages received as a result of the tort. A person has a right to privacy in North Carolina. This privacy right is protected by the law. When the government violates this right, the various civil rights statutes allow the person to sue the government for violating this right. When a private person violates this right, the civil laws of North Carolina allow the person to sue the defendant who violated their right to privacy. There are several different legal theories or “causes of action” that a plaintiff may sue under in this circumstance. One of these, and the one discussed in this article, is Invasion of Privacy – Offensive Intrusion.

In such a case, the question for the jury to decide is, “Did the defendant intrude offensively upon the privacy of the plaintiff?”

On this issue the burden of proof is on the plaintiff. This means that the plaintiff must prove, by the greater weight of the evidence, three things:

(1) First, that the defendant intruded upon the privacy of the Plaintiff. Such an intrusion occurs when the solitude, seclusion, private affairs or personal concerns of a person are invaded. The invasion may be physical or mental.

The kinds of intrusions that have been recognized under this tort include physically invading a person’s home or other private place, eavesdropping by wiretapping or microphones, peering through windows, persistent telephoning, unauthorized prying into a bank account, opening personal mail of another, and obtaining medical records. There must generally be a physical or sensory intrusion or an unauthorized prying into confidential personal records to support a claim for invasion of privacy by intrusion.

Installing a video camera in plaintiff’s bedroom and intercepting plaintiff’s mail have been sufficient to sustain a claim under this tort. Courts have held that a plaintiff has every reasonable expectation of privacy in his mail and in his home and bedroom and that a jury could conclude that these invasions would be highly offensive to a reasonable person. In yet another case, a court held that the unauthorized examination of the contents of one’s personnel file, especially where it includes sensitive information such as medical diagnoses and financial information, would be highly offensive to a reasonable person.

(2) Second, that the defendant’s intrusion was intentional. An act is intentional when it is done knowingly, or with purpose, or with reckless indifference to its consequences.

(3) And Third, that a reasonable person, under the same or similar circumstances, would be highly offended by such intrusion.

As to this, the presiding judge will instruct the jury that if the jury finds by the greater weight of the evidence that the defendant intruded offensively upon the privacy of the plaintiff, then it would be the duty of the jury to answer this issue “yes” in favor of the plaintiff. If, on the other hand, the jury does not so find, then it would be the jury’s duty to answer the issue “no” in favor of the defendant.

What gives rise to a Invasion of Privacy – Offensive Intrusion claim in North Carolina is a facts and circumstances issue that has to be examined on a case-by-case basis. To someone untrained in the law, what looks like an actionable invasion of privacy might, in fact, not be, and what does not look like one may also, in fact, be one. For this reason, it is important to consult with legal counsel to see if you have a claim in your particular situation.

It is important to remember that time is always important in legal matters and that the failure to take action within the time allowed may forever bar your claim. For this reason, seek the advice of counsel right away. These time limits are called “statutes of limitation” and they function to limit the amount of time that a claim can be brought for a particular type of claim. Certain things can “toll” these statutes, meaning that they can temporarily stop the running of the statute of limitation to bar the claim, while other things can have no effect on the running of the statute.

These are very complex issues that are best determined by skilled legal counsel. What is important is that, if you have a situation that you believe may be “actionable” (may give rise to a lawsuit for Invasion of Privacy – Offensive Intrusion or any other type of civil wrong or claim), then you should seek the advice of an attorney without delay.

Call the Byers Law Office today.

Rev. 10/03/23.