17) The tort of intrusion upon seclusion has its roots in Warren and Brandeis' seminal article, "The Right to Privacy", where the authors argued that "the right to be let alone" should find legal protection through the medium of tort law.
In the Court of Appeal, Justice Sharpe, with whom Chief Justice Winkler and Justice Cunningham (ad hoc) concurred, held that Ontario law did indeed recognize an intrusion upon seclusion tort protecting privacy interests, and reversed the motions judge's finding.
314) In England, the tort of breach of confidence has been reformulated to embrace damage claims to protect privacy interests that fall within the intrusion upon seclusion category.
He wrote, "A claim for intrusion upon seclusion will arise only for deliberate and significant invasions of personal privacy.
The tort of intrusion upon seclusion
offers the best theory to target legitimate privacy harms in the information age.
58) In that case, the court considered whether defendants committed actionable intrusion upon seclusion
by putting Ralph Nader under surveillance in public.
The district court held that the alleged strip search of arrestees satisfied the elements of a tort intrusion upon seclusion
2) The privacy tort of intrusion upon seclusion
was often relied upon as a common law basis of protection for wronged private employees in the pre-technological boom era.
Internet mortgage lenders and brokers are susceptible to violating two of the four traditional types of invasion of privacy: intrusion upon seclusion
and public disclosure of private facts.
facts under the intrusion upon seclusion
tort, a court would need to
195) A claim for intentional intrusion upon seclusion
The common law already recognizes the tort of intrusion upon seclusion
, based on Warren and Brandeis' article.