This invasion-of-privacy case arises from an investigation of complaints made about a game warden employed by the Alabama Department of Conservation and Natural Resources (the "Deрartment"), concerning that game warden's alleged threat to kill Roy Johnston. The plaintiff, Johnston, alleges that the defendants — certain employees of Department and a probate judge — turned the gаme warden investigation, which consisted primarily of interviews of people who knew of the animosity between Johnston and the game warden, into an investigation of Johnston alone, and that this invaded Johnston's privacy. The trial court entered a summary judgment in favor of all the defendants. We affirm.
On review of a summary judgment, we must view the evidence in the light most favorable to the nonmovant, here Johnston; viewed in that light, the evidence indicates the following: Johnston had handled certain real estate matters for Hall Thompson in Coosa County. Johnston complained to Thompson that Earl Brown, the game warden in Coosa County, hаd, among other things, made a threat against Johnston's life. Because of the seriousness of the allegation, Thompson, who knew the Commissioner of the Department, James Martin, suggested that Martin look into the mаtter.
Martin informed Captain William Fuller of the Law Enforcement Section of the Department that he should talk to Johnston and proceed with an investigation of Brown. Johnston told Fuller that an unnamed third party had tоld him that Brown had made a statement regarding the purchase of plastic-coated bullets for the purpose of shooting Johnston. Johnston did not tell Fuller who had informed him of the threat. However, he did tell Fuller thаt he should talk to the people who worked with Brown. After speaking with Johnston, Fuller contacted Brown. Brown denied ever saying that he was going to kill Johnston.
Pursuant to Johnston's suggestion, Fuller continued his investigation by interviewing one of Brown's co-employees. This led to interviews of other persons whose names were given to him. Through his investigation, Fuller became aware of long-standing animosity between Brown and Johnston. Coosa County Probate Judge Jasper Fielding, on his own initiative, informed Fuller and the Commissioner of a number of incidents that called into question Johnston's character and trustworthiness, including Johnston's reputed sexual exploits and his аttempt to have Brown's son charged with illegal hunting. The memoranda by which Fuller recorded the interviews indicate that Johnston was a troublemaker and that no one, other than one of Brown's co-workers, clаimed to have heard Brown threaten to kill Johnston.
At some point during the investigation, Martin provided Thompson with the investigation file and asked him to keep the contents confidential. While Thompson had the file, Jоhnston reviewed it. Johnston then filed this tort action against Martin, Fuller, and Judge Fielding, alleging invasion of privacy.
Alabama has long recognized the tort of invasion of privacy.Smith v. Doss,
In Phillips v. Smalley Maintenance Services, Inc.,
Restatement (Second) of Torts § 652B (1977). Comment c to § 652B states in part: "The defendant is subject to liability under the rule stated in this Section only when he has intruded into a private place, or has otherwise invaded a private seclusion that the plaintiff has thrown about his person or affairs." The wrongful intrusion may be by physical intrusion into a place where the plaintiff has secluded himself, by discovering the plaintiff's рrivate affairs through wiretapping or eavesdropping, or by some investigation into the plaintiff's private concerns, such as opening private mail or examining a private bank account. Restatement (Second) of Torts § 652B cmt. b; see Vernars v. Young,"One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion wоuld be highly offensive to a reasonable person."
Johnston did not allege that the defendants entered his home, searched through his private papers, wiretapped his telephone, or eavesdropped on his convеrsations. Johnston did not allege that the defendants obtained private records concerning his affairs. Johnston failed to present any evidence that Fuller's conduct in gathering the information was abrupt, offensive, and objectionable. Johnston admits that the defendants obtained their knowledge of him through firsthand conversations with him and through voluntary interviews with members of the community in which Johnston lived.
In Nader v. General Motors Corp.,
Nader,"[W]e cannot find any basis for a claim of invasion of privacy [based on wrongful intrusion] . . . in the allegations that the [defendant], through its agents or employees, interviewed many persons who knew the plaintiff, asking questions about him and casting aspersions on his character. Although those inquiriеs may have uncovered information of a personal nature, it is difficult to see how they may be said to have invaded the plaintiff's privacy. Information about the plaintiff which was already known to others сould hardly be regarded as private to the plaintiff. Presumably, the plaintiff had previously revealed the information to such other persons, and he would necessarily assume the risk that a friend or acquaintаnce in whom he had confided might breach the confidence. If, as alleged, the questions tended to disparage the plaintiff's character, his remedy would seem to be by way of an action for defamation, not for breach of his light to privacy."
Likewise, Johnston's allegations concern only voluntary interviews in which the defendants learned information already known to others. This information is not protected by *703 the limited scope of the wrongful-intrusion branch of the invasion-of-privacy tort, and we reject Jоhnston's invitation to create a broad privacy action, with no metes and bounds, that would extend beyond his dwelling, papers, and private records, creating unknown dangers to unsuspecting routine inquirers.1
The Restatement provides:
Restatement (Second) of Torts § 652D (emphasis added). The comments to § 652D describe the key element of this tort, "publicity," as follows:"One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that
"(a) would be highly offensive to a reasonable person, and
"(b) is not of legitimate concern to the public."
Restatement (Second) of Torts § 652D cmt. a (1977) (emphasis added). Accord Nobles v. Cartwright," 'Publicity,' as it is used in this Section, differs from 'publication,' as that term is used . . . in cоnnection with liability for defamation. 'Publication,' in that sense, is a word of art, which includes any communication by the defendant to a third person. 'Publicity,' on the other hand, means that the matter is made public, by communiсating it to the public at large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge. The difference is not one of the means of communication, which may be oral, written or by any other means. It is one of a communication that reaches or is sure to reach, the public.
"Thus it is not an invasion of the right of privacy, within the rule stated in this Section, to communicate a fact concerning the plaintiff's private life to a single person or even to a small group of persons."
Martin did not broadcast over the radio the information obtained about Johnston, he did not print it in a newspaper, and he did not tell it to a large number of people. He merely turned over the file to the person who had prompted the investigation and that pеrson then showed the file to Johnston.2 This was not an invasion of privacy through publicity.3
Based on the foregoing, we hold that the trial court correctly entered the summary judgment in favor of the defendants.4
AFFIRMED.
HOOPER, C.J., and MADDOX, ALMON, HOUSTON, KENNEDY, COOK, and BUTTS, JJ., concur.
SHORES, J., concurs in the result.