INTRUSION UPON SECLUSION
Under American law, intrusion upon one’s seclusion may give rise to a privacy action, even if no publication results from information gathered. Indeed, the Calcutt Committee recognised the seriousness of such invasion, and recommended that certain types of physical intrusion should be criminal offences in England and Wales.
These included: (1) entering private property, without consent of the lawful occupant, with intent to obtain personal information with a view to its publication; (2) placing a surveillance device on private property, without consent of the lawful occupant, with the same intent; and (3) taking a photograph, or recording the voice, of an individual who is on private property, without his consent, with a view to its publication and with intent that the individual should be identifiable.
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