A man looks through an open window into a private bathroom and sees a woman showering. Has he committed invasion of privacy?

• A. Yes
• B. No
• C. Only if the window was locked
• D. Only if he enters the bathroom

Answer: (A)

Intrusion upon seclusion happens when someone intentionally intrudes into a private space where a person has a reasonable expectation of privacy, and the intrusion would be highly offensive. A bathroom during showering is exactly the kind of private space where privacy is expected. Looking through an open window to observe that private moment breaches that expectation. The openness of the window doesn’t remove the privacy expectation, and the act of peering into a private act is itself an invasion. Entering the room isn’t required for invasion to occur, and the window being open is not a defense. So this is invasion of privacy.