The 4th amendment: 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized'
The prohibition is against "
unreasonable search and seizure". The" probable cause" mentioned in the fourth refers to the issuance of warrants ("no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized)
Privacy violations don't per se have anything to do with the 4th Amendment, it's a tort (a legal wrong or harm)
Invasion of privacy is the intrusion upon, or revelation of, something private
. One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his/her private affairs or concerns, is subject to liability to the other for invasion of privacy[ii].
The law of privacy consists of four distinct kinds of invasion. The right of privacy is invaded when there is[iii]:
- unreasonable intrusion upon the seclusion of another,
- appropriation of the other’s name or likeness,
- unreasonable publicity given to the other’s private life, and
- publicity which unreasonably places the other in a false light before the public.
An invasion of the right of privacy by anyone of the above four courses of conduct may give rise to a cause of action and, on occasion, there may be an overlapping or concurrent invasion by any or all of the above means working toward the injury of the plaintiff.
Liability for a claim of invasion of privacy by intrusion must be based upon an intentional interference with the plaintiff’s interest in solitude or seclusion, either as to his/her person or as to his/her private affairs or concerns[iv].
What Constitutes a Violation – Privacy