Hernandez

CROSKEY, Acting P.J.

Abigail Hernandez and Maria-Jose Lopez (plaintiffs) appeal from the trial court's grant of summary judgment in favor of Hillsides, Inc., Hillsides Children's Center, Inc., and John M. Hitchcock (defendants). Plaintiffs had sued for damages after they had discovered that their employer, a residential facility for abused children, had placed a video camera in the office which they shared. The trial court held that plaintiffs could not prevail on their causes of action for invasion of privacy, intentional infliction of emotional distress, and negligent infliction of emotional distress because plaintiffs: (1) were not recorded or viewed by the surveillance equipment defendants placed in their office; and (2) had a diminished expectation of privacy that was overcome by defendants' need to protect the children residing at their facility.

We hold that a plaintiff need not establish that he or she was actually viewed or recorded in order to succeed on a cause of action for invasion of privacy. Additionally, defendants failed to conclusively establish that plaintiffs had a diminished expectation of privacy, or that their actions were sufficiently justified by the…