What is the test for an invasion of privacy claim?

California, United States of America


The following excerpt is from Ogunsalu v. Lewis, D057837 (Cal. App. 2011):

We conclude these allegations which we must accept as true were sufficient to survive defendants' demurrer on an invasion of privacy cause of action. Ogunsalu had a legally protected privacy interest, and a legitimate, objectively reasonable expectation of privacy, in the information stored on his personal computer. (See United States v. Heckenkamp (9th Cir. 2007) 482 F.3d 1142, 1146 [university student had legitimate, objectively reasonable expectation of privacy in his personal computer in his dormitory room, and act of attaching his computer to the university network did not extinguish his legitimate, objectively reasonable privacy expectations in view of the absence of a university monitoring policy on the network], citing United States v. Lifshitz (2d Cir. 2004) 369 F.3d 173, 190 ["Individuals generally possess a reasonable expectation of privacy in their home computers"].) In our view, there is little distinction between the

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