“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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