Civil remedies for spying with technology

In the past I have blogged about using technology to spy on a spouse the potential consequences. I have written about criminal penalties, and civil lawsuits. A recent case, Tinory v. DePierre, Mass.App.Div. No. 14-ADMS-4022 (2015), involved a GPS device planted on a car. This resulted in a claim for trespass. Trespass is normally thought of as the unpermitted, illegal entry onto a person's real property. However, Massachusetts law does allow trespass to personal property. In the Tinory case, the wife in a divorce action hired a private investigator to place a global positioning system device (GPS) on her husband's truck to monitor his whereabouts. This resulted in a lawsuit for trespass because there was an unpermitted, illegal touching of personal property (the truck.)

It is clear that society does not want people to spy on their spouses with technology. While people think that they will get an advantage in a divorce is they get information by spying, it rarely works that way.  There are a number of laws with criminal penalties for spying and people may sue in civil court for damages when such spying occurs.  In addition, Family Court judges don't want to encourage spying by allowing such evidence to be used.  

If you are the victim of electronic spying you should consult a lawyer who can advise you about the law and your options.  

Massachusetts and the right of privacy in our homes.

According to recent stories on the internet, a drone was used to spy on a woman in her home. Two men were seen flying a drone with a video screen showing a display from a camera on the drone. In other words, using the drone as a high-tech Peeping Tom. If this happened in Massachusetts, the men flying the drone could be sued for invasion of privacy.

Massachusetts has a statute, G.L. c.214, § 1B which provides that individuals in Massachusetts have a right of privacy. This right of privacy is greatest in a persons home. In the recent case of Polay v. McMahon, the court held that in the home, “all details are intimate details.” Even if a person's conduct in their home is observable by the public, the right of privacy may still protect against the use of electronic surveillance. Most people should consider using a drone to spy into a person's home to be a violation of the right of privacy.

Drones pose a real and substantial threat to the right of privacy. Private individuals can purchase drones with cameras and use them to look into high rise apartment buildings, spy through skylights, and hover outside windows to look inside. If private individuals can do this, image what law enforcement can do. Based on this recent case, it appears that Massachusetts residents have protection against Peeping Drones.

A person who is victimized by electronic spying should consult an attorney concerning their rights based on their situation. The right of privacy can be difficult to understand and apply.