A financial services company install "bossware" software on its employees' remote computers to monitor performance. The software logs screenshots, mouse movements, and keystrokes to determine whether an employee is being productive. The software can also enable the computer webcams to record video footage.
Which of the following would best support an employee claim for an intrusion upon seclusion tort?
Option A best supports an employee claim for an intrusion upon seclusion tort because it involves the webcam recording video any time the computer is turned on. This action could intrude on employees' privacy in both work and non-work settings, suggesting a significant invasion of privacy. Intrusion upon seclusion involves an intrusion into a private place, conversation, or matter that would be highly offensive to a reasonable person. Enabling the webcam to record at all times directly aligns with this criterion, as it could capture sensitive personal moments outside of professional contexts, demonstrating a blatant disregard for privacy.
The information provided in D is intended to show that (i) the employee is on the clock and (ii) is in a public setting, both of which cut against a reasonable expectation of privacy. Therefore, A is the best answer. If the camera begins recording whenever the computer is turned on, that creates a strong argument that the employer is impinging upon the the employee's right to privacy outside of work hours and in a private setting.
An example for A: The employee using the laptop for business purposes while sitting on the toilet in the company's facility.
It's option A...
I agree with smp175, because we are looking for "seclusion" element.