It is no secret that divorce cases can sometimes involve the investigation of infidelities. Suspicious spouses call on private investigators to conduct surveillance to find out if their mate is actually cheating. According to a story reported by the Newark Star-Ledger, a woman placed a GPS device in the car that she and her husband shared, so she could track his movements. Now an ex-husband after their divorce, he sued the private investigator for allegedly invading his privacy. Specifically, he argued that using the device was akin to spying on him outside of public view.

A New Jersey appellate court ruled against him, and sustained the wife's original motion for summary judgment before the trial court. It found that there was no reasonable expectation of privacy in driving from one public place to another, and that the wife was free to track his movements. New Jersey law recognizes the tort of "invasion of privacy", which is actionable in four circumstances:

Intrusion - Invading someone's home or personal solitude, illegally searching or eavesdropping, or prying into personal affairs.

Public disclosure of private facts - Publicizing private information about a person.

False light publication - Communicating information that is not necessarily defamatory, but would be objectionable to the ordinary person.

Misappropriation - Use of a person's likeness or identity for commercial benefit, without the person's consent.

The court found that simply placing a GPS device in the car's glove compartment and tracking its movements did not constitute an invasion into the husband's private affairs. Further, the record did not indicate that the vehicle was driven to secluded locations outside of public view, and investigators neither found, nor divulged, any private information. Because of this, the court declined to advance the matter to trial.

Analysts believe that the case may have important implications on future cases involving surveillance by law enforcement agencies that use GPS devices. It also calls into question where the line of privacy should be drawn in other forms of electronic communication, such as text messaging, email and social media outlets.

If you have questions about privacy issues in divorce investigations, an experienced family law attorney can advise you.