Invasion of Privacy

There are several forms of invasion of privacy that are recognized by courts in North Carolina.  But in the family law context, the most relevant form of invasion of privacy is called “intrusion into the solitude or seclusion of another” or simply “intrusion,” for short.

Intrusion involves prying into a person’s solitude or seclusion of his or her private affairs.  This claim has become a more frequent issue in divorce cases, given the increased use of electronic and digital technology (the use of which, in some instances, may violate federal and state laws.)  Sometimes when couples separate, one spouse may attempt to obtain, or actually obtain, the other spouse’s email communications or other protected digital or electronic materials. In order to prevail on a claim for intrusion, you must not only show that the intrusion was intentional, but also that the intrusion is highly offensive to a reasonable person.

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