“A privacy violation based on the common law tort of intrusion has two elements.”111 “First, the defendant must intentionally intrude into a place, conversation, or matter as to which the plaintiff has a reasonable expectation of privacy.”112 This means “the defendant must have ‘penetrated some zone of physical or sensory privacy . . . or obtained unwanted access to data’ by electronic or other covert means, in violation of the law or social norms.”113 Second, “the intrusion must occur in a manner highly offensive to a reasonable person.”114 “The right to privacy in the California Constitution sets standards similar to the common law tort of intrusion.”115 “First, [the plaintiff] must possess a legally protected privacy interest. . . . Second, the plaintiff’s expectations of privacy must be reasonable. . . . Third, the plaintiff must show that the life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” 111 Hernandez v. Hillsides, Inc., 211 P.3d 1063, 1072 (Cal. 2009). 112 Id. 113 Id. (quoting Shulman v. Group W Prods., Inc., 955 P.2d 469, 490 (Cal. 1998)). 114 Id. 115 Id. at 1073. 51

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