A disgruntled employee, after being fired, accessed the company's internal network using a former colleague's login credentials without permission. The employee merely viewed confidential customer data but did not alter, delete, or copy any information. The company sued for trespass to chattels. What is the most likely outcome?
- AThe employee will win because there was no actual damage or dispossession of the data.
- BThe employee will win because intangible data cannot be a chattel.
- CThe company will win because the data is a chattel and was interfered with.
- DThe company will win because the employee accessed the network without permission.
Show answer & explanationAnswer & explanation
Correct answer: A. The employee will win because there was no actual damage or dispossession of the data.
Trespass to chattels generally requires actual damage to the chattel, dispossession of the chattel, or some other actual harm to the plaintiff's legally protected interest in the chattel. Merely viewing data, without altering, deleting, or copying, and without causing any functional impairment or loss of use to the company, typically does not meet the 'actual harm' requirement for trespass to chattels.
Why the other options are wrong
- B. Intangible data can be the subject of trespass to chattels if there is sufficient interference and harm, but this option incorrectly states it can *never* be a chattel.
- C. While data can be considered a chattel for some purposes, mere viewing without damage, dispossession, or functional impairment usually isn't sufficient for trespass to chattels.
- D. Unauthorized access is a strong indicator of intent, but trespass to chattels also requires actual harm or dispossession.
Trespass to Chattels (Harm Requirement)
Trespass to chattels requires an intentional interference with the plaintiff's personal property that causes actual damage, dispossession, or a substantial impairment of the property's condition, quality, or value.
- Requires actual harm, not just unauthorized touching.
- Harm can be damage, dispossession, or functional impairment.
- Mere unauthorized viewing of electronic data, without more, is often insufficient.
- Distinguished from conversion, which requires a more serious interference.
Memory trick: Chattels: Touch, but does it HURT?