Restatement (Second) of Torts · Section § 652b
This section addresses the right of individuals to privacy, specifically focusing on the intentional intrusion into a person's solitude or private affairs.
Source: Restatement Restatement (Second) of Torts § § 652b
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 privacy, if the intrusion would be highly offensive to a reasonable person.
This section protects individuals from unwarranted interference in their private life. If someone intentionally intrudes into another person's private matters in a way that would offend a reasonable person, they can be held liable for invasion of privacy.
The intrusion must be intentional, not accidental.
A person's expectation of privacy is a critical factor in assessing the intrusion's offensiveness.
Illustration 1
A private investigator trespasses onto someone's property to gather unwanted information about their personal life.
Illustration 2
An individual sets up a hidden camera in a public restroom, violating the privacy of those using the facility.
The court applied § 652b by allowing a claim for invasion of privacy based on the intentional intrusion into a patient's private experience during a medical examination.
This section serves as a crucial legal shield for individuals' privacy, influencing various areas such as technology, surveillance, and personal dignity. Understanding § 652b helps legal practitioners advise clients on their rights against invasive actions by others.