M Civ JI 114.01 Invasion of Privacy - Intrusion into Another’s Private Affairs - Elements

Plaintiff claims that defendant is responsible for invasion of [ his / her ] privacy. The claim here is that defendant intruded into plaintiff’s private affairs. The elements of this claim are the following:

(a) the existence of a secret and private subject matter,

(b) a right possessed by the plaintiff to keep that subject matter private, and

(c) that defendant, without consent, obtained information about that subject matter through some method objectionable to a reasonable person.

It is not necessary that the information be revealed or made available to others in order for there to be an invasion of privacy.

Comment

Lewis v LeGrow, 258 Mich App 175 (2003); Dalley v Dykema Gossett, 287 Mich App 296 (2010).

History

Added July 2012.