(CN) – The 3rd Circuit allowed a Pittsburgh couple to proceed with a claim that Google trespassed when it photographed their house and pool for its Street View mapping tool.
Aaron and Christine Boring claimed that Google’s street-level images of their house violated their privacy, devalued their property and caused them mental suffering.
Their trespass claim was the sole surviving claim in a lawsuit against Google for invasion of privacy, trespass, unjust enrichment, injunctive relief and punitive damages.
“Here, the Borings have alleged that Google entered upon their property without permission,” Judge Kent Jordan wrote. “If proven, that is a trespass, pure and simple.”
To create the Street View program, Google representatives drive around cities with panoramic digital cameras attached to their cars, taking pictures of areas along streets.
The Borings, who live on a private road, said Google agents took “colored imagery of their residence, including the swimming pool, from a vehicle in their residence driveway … without obtaining any privacy waiver or authorization.”
The couple said their road was clearly marked with a “Private Road, No Trespassing Sign.”
The Philadelphia-based appellate panel allowed the trespassing claim, but upheld dismissal of the remaining claims and remanded.