Louisiana Private Investigator Licensing Practice Exam

What constitutes invasion of privacy under tort law?

1. Justified exploitation of someone's personality

2. Unjustified exploitation or intrusion into personal activities

3. Only illegal surveillance

4. Only unauthorized access to personal data

The correct answer is: Unjustified exploitation or intrusion into personal activities

Invasion of privacy under tort law involves the unjustified exploitation or intrusion into an individual’s personal activities without their consent. This concept encompasses a variety of actions that interfere with a person's reasonable expectation of privacy. For instance, if someone surveils another person in their own home or intrudes upon private conversations, it constitutes an invasion of privacy because these actions violate the individual's right to keep certain aspects of their life confidential and free from unwarranted interference. The notion of "unjustified" is crucial here, as it distinguishes between permissible actions and those that cross a legal or ethical boundary. Privacy laws are designed to protect individuals from that unwarranted intrusion, ensuring that personal matters remain private unless there is specific, legally-backed reasoning for surveillance or inquiry. Other options do not encompass the full scope of what constitutes invasion of privacy. While illegal surveillance and unauthorized access to personal data are indeed violations of privacy, they represent only specific examples rather than the broader definition applicable under tort law. Justified exploitation of someone's personality, on the other hand, would imply consent or legal grounds that negate the claim of invasion. Therefore, the answer reflects a comprehensive understanding of the principles underlying the right to privacy.