15.9 Intrusion Upon Seclusion. Under the Restatement view, which has been adopted in Arizona, “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 his privacy, if the intrusion would be highly offensive to a reasonable person.”47
The comments to the Restatement elaborate on the “intrusion” requirement. The invasion may be a physical intrusion. Additionally, the intrusion may be accomplished by use of the defendant’s senses, with or without mechanical aids, to oversee or overhear the plaintiff’s private affairs. Further, the invasion may come by investigation or examination into plaintiff’s private concerns, as “by opening his private and personal mail, searching his safe or his wallet, or examining his private bank account.”48
Recovery for intrusion is also limited to situations where the defendant has “intruded into a private place, or has otherwise invaded a private...
