Can ''Peeing'' Constitute Intrusion Upon the Seclusion of Another ?
In Benitez v. KFC National Management Co., 305 Ill. App. 3d 1027, 1033-34, 714 N.E.2d 1002, 239 Ill. Dec. 705 (1999), the plaintiffs were female former employees of KFC. Benitez, 305 Ill. App. 3d at 1029.
The crux of the plaintiffs' claim was that the defendants poked holes in the ceiling of the women's restroom and viewed the plaintiffs disrobing and using the restroom facilities. Benitez, 305 Ill. App. 3d at 1033.
The Court held that it was the voyeuristic aspect of the intrusion that constituted the tort of intrusion upon the seclusion of another, and that without the allegation of voyeurism, the Court would have been reluctant to find any invasion of privacy. Benitez, 305 Ill. App. 3d at 1033.