The Wyoming Supreme Court issued, on 19 December 2017, its opinion in the cases of Gretchen Howard v. Aspen Way Enterprises, Inc., Audrey Kinion v. Aspen Way Enterprises, Inc., and Steve Winn v. Aspen Way Enterprises, Inc., recognising a cause of action for the invasion of privacy tort, also known as intrusion upon seclusion, as part of Wyoming's common law ('the Ruling'). The individuals had brought a claim based on invasion of privacy/intrusion upon seclusion, alleging that Aspen had violated their privacy by installing software in computers they had leased from Aspen, and used it to track the computers' locations, remotely activate webcams, and capture screenshots and key strokes. A circuit court had previously ruled in favour of Aspen finding that the plaintiffs' privacy claims were not recognised in Wyoming. This was confirmed on appeal by a district court, and the plaintiffs subsequently sought a review from the Supreme Court.

The Supreme Court, in reviewing the claims, considered three questions of law, including whether Wyoming recognises the tort of invasion of privacy. It noted, "The determination we must [...] make is not whether this court should 'adopt' the tort of intrusion upon seclusion, but rather whether the tort has been repealed by statute or is otherwise inconsistent with Wyoming law, that is, whether the tort is part of Wyoming's common law [...] The question then is whether the intrusion upon seclusion tort, and the protection it provides an injured party, is consistent with Wyoming law. We conclude that it is."

In addition, the Supreme Court highlighted that Wyoming's commitment to individual privacy interests is well established, and that it had previously recognised federal constitutional guarantees to privacy as well as the right to privacy in Wyoming, while also noting that constitutional protections limit Government rather than private intrusions. Nevertheless, the Supreme Court concluded, "Given our State's policy favouring privacy interests and the legislative enactments protecting those interests, we find the tort of intrusion upon seclusion to be well adapted to our circumstances and state of society. It is therefore appropriate to recognise the tort as part of Wyoming's common law."

The Supreme Court consequently reversed the decision and remanded the case for proceedings consistent with its opinion.

You can read the Ruling here.