Maine’s Privacy Law: Intrusion upon Seclusion—Key Elements and Recent Developments

Maine, like most states, recognizes four fundamental common-law privacy torts: intrusion, appropriation, false light, and public disclosure. This article summarizes the tort of intrusion, sometimes called intrusion upon the seclusion of another .

Elements Required for an Intrusion Claim in Maine

To sue for intrusion under Maine law, a plaintiff must prove two distinct elements:

The defendant must have intentionally intruded upon the solitude or seclusion of the plaintiff in their private affairs.

The intrusion must be highly offensive to a reasonable person.

The Role of Intentionality in Intrusion Claims

Maine’s Supreme Judicial Court considered the intentionality element of intrusion in the 2012 decision, Lougee Conservancy v. Citimortgage, Inc . In that case, a bank mistake